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

Punishment of the crime

The defendant is a Jehovah’s Witness.

On June 5, 2014, at around 10:40, the Defendant directly received a notice of enlistment under the name of the director of the Incheon Gyeonggi-si Military Manpower Office to enlist in the 306 Supplementary Zone located in the Government-dong on July 8, 2014, from the Defendant’s dwelling at Taesi-si B, 101 Dong 1411 (C apartment), but did not enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes of the military register inquiry, notification of enlistment in active duty service, and domestic registration/sub-post investigation;

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 requiring the sentencing specified in the records of this case, the sentence as per the Disposition shall be determined as ordered, and the accused shall not be detained until the judgment is rendered without detention and the decision of the accused is made upon his will.