Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On June 26, 2014, the Defendant received a written notice of enlistment in the name of the head of the Gyeonggi-do Military Manpower Branch Office to enlist in the 306 supplementary unit located on August 5, 2014 from the Defendant’s house located on the 905 Dong 701, Yongsan-gu, Yongsan-gu, Yongsan-gu, Incheon Metropolitan Government on August 5, 2014.

Nevertheless, the Defendant, as a female witness, did not enlist in the military without justifiable grounds until August 7, 2014, for which three days elapsed from the date of enlistment due to religious belief.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to issue a written accusation, written accusation, written notice of enlistment in active duty service, inquiry by domestic registry offices, and request for attendance;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act on the Military Service Act is a member of the “nhovah’s Witness,” and the Defendant asserts to the effect that there exists a justifiable reason for refusing enlistment, since he refused enlistment according to a religious conscience. However, aside from the fact that the Defendant may relieve those refusing enlistment according to a religious belief as the Defendant through legislation, the refusal of enlistment based on a religious belief and conscience cannot be deemed as a justifiable reason under Article 88(1) of the Military Service Act under the interpretation of the current Constitution and laws

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, etc.). Defendant’s assertion is rejected.

The reason for sentencing is that the defendant refused to enlist in the military according to a religious belief, and even though the need has been raised several times, the alternative military service system that allows the defendant to relieve those who refuse to enlist in the military according to a religious belief has not yet been established as the defendant, and in light of the defendant's religious belief, it seems difficult to expect the defendant to perform the duty of military service. Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act applies only to those who have been sentenced to imprisonment with prison labor or imprisonment without prison labor for