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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant is a witness witness of Hohovah and is subject to enlistment in active duty service.
Although the Defendant received a written enlistment notice under the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlist as of July 8, 2014, and as of August 26, 2014, the Defendant failed to enlist until three days from the date of enlistment without justifiable grounds, even though he received the written enlistment notice under the name of the director of the Incheon Gyeonggi-si regional military manpower office to enlist.
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. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts
1. The gist of the assertion is that the Defendant, as a witness of Jehovahovah, failed to enlist in the military according to his religious belief or conscience, there is a justifiable reason to refuse enlistment.
2. Article 88(1) of the Military Service Act was prepared to specify the duty of national defense of the most fundamental citizen, and it is clear that the dignity and value as human beings cannot be guaranteed if the duty of military service is not fulfilled properly and the national security is not ensured.
Therefore, the duty of military service ultimately aims to ensure the dignity and value of all citizens as human beings, and thus, the freedom of conscience of defendants is restricted in accordance with Article 37(2) of the Constitution for such constitutional legal interests.
This is a legitimate restriction permitted under the Constitution.
Furthermore, in order to secure the performance of military service, a broad legislative discretion has been reserved in regard to whether punishment is imposed on a person refusing enlistment in active service, and whether to recognize alternative military service. Thus, with respect to a person refusing enlistment in active service on the grounds of conscience and religious freedom, even if there is only a provision imposing punishment without any special exception that can substitute enlistment in active service, it violates the principle of excessive prohibition or proportionality.