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 who has been on March 13, 201 and became a witness of Shhohovah and has been engaged in religious activities with good faith until now, and is a person subject to enlistment in active duty service.

On June 13, 2016, the Defendant, at around 14:16, received a notice from the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government B, 708 Dong 902, to enlist in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si on August 1, 2016, but the Defendant did not enlist until August 4, 2016, on the ground that the doctrine of sexual intercourse taught by the Defendant at his believers and witness who is a believers who is a believers, and that he violated the doctrine and aggression of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation or a written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the Defendant’s refusal to enlist in active duty service according to religious conscience as “syhovah’s Witness,” and that this constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

However, Article 88(1) of the Military Service Act is prepared to specify the duty of national defense of the most fundamental citizen, and if the duty of military service is not fulfilled properly and the national security is not performed, the dignity and value as human beings cannot be guaranteed.

Therefore, the duty of military service is ultimately aimed at ensuring the dignity and value of all citizens as human beings, and it is difficult to view that the freedom of conscience of a defendant is a superior value to the above constitutional legal interests, and thus, the freedom of conscience of a defendant is restricted in accordance with Article 37(2) of the Constitution

This is a legitimate restriction permitted under the Constitution.

Furthermore, whether punishment should be imposed on a person who refuses enlistment in active service in order to secure the performance of military service and whether alternative military service should be recognized.