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

Punishment of the crime

The defendant is a witness witness in Jehovahovah.

On May 9, 2014, the Defendant did not enlist in the Defendant’s house located in the Chungcheongnam-gun B, Chungcheongnam-do, and on June 17, 2014, the 102 supplementary units located in the Yongsan-do, Chungcheongnam-do, Gangwon-do, Incheon-do, in the name of the director of the regional military manpower office, by not later than three days after the date of enlistment without justifiable grounds, notwithstanding the receipt of the notice of enlistment in the active service under the name of the director of the regional military manpower office

Summary of Evidence

1. Partial statement of the defendant;

1. Accusation of a person evading military service;

1. C’s statement;

1. A notice of enlistment in active duty service and a notice of enlistment;

1. Application of Acts and subordinate statutes of military register inquiry;

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1)1 of the Act on the Aggravated Punishment, etc. of Criminal Crimes, arguing that the Defendant, as a witness of Jehhovah’s Witness, refused military service according to his religious conscience, there exists justifiable cause for conscientious objection. However, the duty of military service ultimately aims to ensure the dignity and value of all citizens as a human being, and thus, to restrict the Defendant’s freedom of conscience pursuant

Even if this is a legitimate restriction permitted under the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court en banc Decision 2008HunGa22, Aug. 30, 201); thus, the above assertion disputing such a limitation is rejected.

When a defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months under the current Act and the reason for sentencing, considering the fact that the defendant would be notified of enlistment at the same time and that the malicious circulation subject to criminal punishment might be repeated, a minimum sentence that meets the requirements for exemption from military service shall be imposed on the defendant.