A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant is a person subject to enlistment in active service as a new witness in the military.

On November 3, 2014, the defendant's office located in the Nam-gu Incheon Metropolitan City B, and "be enlisted in the 306 supplementary unit located in the Dong-dong of the Government on December 2, 2014," did not enter the military service without justifiable grounds for three days after receiving a notice of enlistment in the name of the director of the regional military manpower office of the Incheon Gyeonggi Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of accusation prepared C (including soldiers’ investigation);

1. In cases of domestic registration/exponing mail;

1. The written statement of the defendant;

1. Fact-finding certificates;

1. Application of Acts and subordinate statutes to report on investigation of suspects;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The alleged defendant sent a written statement to the Military Manpower Administration that he/she is not in command according to his/her religious conscience as a new witness, and refused enlistment. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. The duty of military service, one of the citizens’ duty of national defense under Article 39(1) of the Constitution, is the most fundamental requirement for the existence of a community, and ultimately, is to ensure the dignity and value of all citizens as human beings. Thus, when the freedom of conscience realization conflicts with such duty of military service, it may be restricted by law pursuant to Article 37(2) of the Constitution, and such restriction is a justifiable restriction permitted under the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court en banc Decision 2002Hun-Ga1, Aug. 26, 2004; Supreme Court Decision 2007Do3795, Jul. 12, 2007; etc.). It is a violation of Article 88(1) of the Military Service Act without granting conscientious objectors an opportunity to exempt military service or to alternative military service.

The International Code on Civil and Political Rights is called ‘A.'