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

Punishment of the crime

The defendant is a new witness witness of Hohovah and is a person subject to enlistment in active duty service.

On July 28, 2012, the Defendant served a written notice of enlistment in active duty service under the name of the head of the Gyeonggi Northern District Military Manpower Branch Office, 306 supplemented from the Defendant’s office located in the Dong-dong on September 11, 2012, and did not enlist on September 14, 2012 after three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Statement of the accuser;

1. Notice of enlistment in active duty service;

1. Registration of persons subject to draft physical;

1. Notice of obligation for e-mail;

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. The defendant and his defense counsel's assertion on criminal facts as to the defendant and his defense counsel under Article 88 (1) 1 of the pertinent Article of the Military Service Act asserts to the effect that since the defendant's defense counsel refuses military service according to the freedom of religion and conscience as a Jehovah's witness, it does not constitute a crime due to "justifiable cause" under the Military Service Act.

However, the current law does not exempt a person who refuses enlistment in active service on account of religious belief or conscience, or allow a person who refuses enlistment in active service from the duty of military service, or allow a person who refuses enlistment in pure private sector to substitute for performing the duty of military service.

In addition, since there has not yet been a national consensus on permitting conscientious objection or introducing the alternative military service system according to religious belief or conscience, it cannot be deemed that the legislator’s decision that does not allow such exceptions is clearly unconstitutional.

Ultimately, the above argument by the Defendant and the defense counsel is not a “justifiable cause” under the interpretation of the current Constitution and the Military Service Act, and thus, the above argument by the Defendant and the defense counsel cannot be accepted.