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

Punishment of the crime

The defendant is a man and a witness to be enlisted in active service.

A person who has received a written notice of enlistment in active duty service shall not be enlisted for the military service within three days from the date of enlistment without justifiable grounds.

Nevertheless, on March 21, 2014, the defendant's house located in the Sungsung C apartment and 406 Dong 206 Dong 206

4. On December 21, 200, to the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the enlistment was not conducted without justifiable grounds for the religious reason of being a witness of Jehovah, 3 days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes to military register inquiries, receipt of written notice of enlistment, and enlistment notification;

1. The reasoning for judgment and sentencing as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act on the Military Service Act and the Defendant’s assertion that conscientious objection is “justifiable cause” under Article 88(1) of the Military Service Act where conscientious objectors are protected by the Constitution, citizens, and international rules on political rights, etc. but the Defendant’s assertion to the effect that the refusal to perform military service constitutes “justifiable cause” is not a “justifiable cause” under the said Act under the interpretation of the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court Decision 2008Hun-Ga22, Aug. 30, 201).

However, in light of the grounds for refusing the enlistment of the accused, equity with other similar cases, and other circumstances that form the sentencing conditions indicated in the records of this case, the punishment as per the Disposition shall be determined, and the accused wishes to be tried without detention and the sentence shall be imposed at the will of the accused.