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 in Jehovah and is a person subject to enlistment in active duty service.

On October 1, 2014, the Defendant received a muster notice from the Defendant’s office located in Seoul Special Metropolitan City, Nowon-gu B apartment 801 to enlist in the army as of October 21, 2014 from the Defendant’s office to October 102, 2014, but did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Notification of additional enlistment in active duty service, and application of Acts and subordinate statutes governing military register investigation;

1. Determination as to the Defendant’s assertion of criminal facts under Article 88(1) of the relevant Act

1. The alleged defendant refused to enlist in active duty service according to his religious conscience as a religious believers who is a female and a female witness. The refusal of military service based on such religious conscience is based on “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, and such refusal does not constitute an offense.

2. Article 88(1) of the Military Service Act provides that a person shall be punished by imprisonment with prison labor for not more than three years, if the person fails to enlist in the army after receiving a written notice of enlistment in active service.

In this context, "justifiable cause" is, in principle, based on the existence of abstract military service and the recognition of its performance, but it shall be deemed that there is a reason that justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, that is, that is, a reason that is not attributable to the non-performance of the military service, such as illness, etc. However, on the other hand, in a case where a person who refuses to perform the specific military service is guaranteed by the Constitution of Korea, and furthermore, in a case where it is recognized that the right has a superior constitutional value that enables the legislative purpose of Article 88 (1) of the Military Service Act, even if it is punished by the application of the above provision, it would result in