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 call-up to social work personnel service who is a woman and a witness.

From September 30, 2014 to October 14:00 on September 22:39, 2014, the Defendant received a notice of call-up to a social work staff member in the name of the director of the Daejeon District Military Manpower Office at the time of enlistment in the Republic of Korea, from October 23, 2014, from the Defendant’s house located in the Chungcheongnam-gun Hong-gun, Hongsung-gun, by e-mail reception, to October 20, 2014, the Defendant failed to enlist without justifiable grounds by October 23, 2014, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written accusation;

1. Details of public notice on the seventh-stage social work personnel call-up notice, the sixth-stage social work personnel call-up notice, the sixth-stage social work personnel call-up notice, and the e-mail reception notice;

1. Application of Acts and subordinate statutes governing investigation of suspects;

1. The summary of the Defendant’s assertion on the Defendant’s assertion regarding criminal facts under Article 88(1)2 of the pertinent Act is the Jehovah’s Witness and refuses enlistment according to a religious conscience. This is based on the right belonging to the freedom of conscience guaranteed by the Constitution, and does not constitute a crime on the ground that it constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

Judgment

A. “Justifiable reason” under Article 88(1) of the Military Service Act is, in principle, premised on the existence of abstract military service and the confirmation of the performance thereof. However, it shall be deemed that there is a reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, or a reason that is not attributable to the non-performance of the military service. However, even in cases where the right of the non-performance of the specific military service is guaranteed by the Constitution of Korea, and the right of the non-performance of the specific military service has superior constitutional value that enables the legislative purpose of the above legal provision, the Military Service Act shall be applied.