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 20, 2016, the Defendant, at the Defendant’s house located in Yangju-si, 101 Dong 1001, to the Army Training Center on August 1, 2016, failed to enlist without justifiable grounds by not later than three days after being notified of enlistment in the name of the head of the Gyeonggi Northern Branch Military Manpower Branch Office.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Statement of the accuser;

1. A written enlistment notice;

1. Postal delivery status;

1. Resident registration cards;

1. Notices sent to the Military Manpower Administration;

1. Certificates of Korean language, identification numbers, and identification numbers among the governments of the games for women and medical practitioners;

1. Application of Acts and subordinate statutes confirming facts

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant asserts to the effect that the Defendant refused enlistment on the basis of his religious belief or conscience as a Jehovah’s Witness, which constitutes “justifiable cause” under Article 88(1) of the Military Service Act, and thus, the Defendant did not constitute a crime of violating the Military Service Act against the Defendant.

On the other hand, 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 of the people cannot be guaranteed if the national security is not secured because the duty of military service is not fulfilled properly.

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 for legislators as to whether to impose punishment on a person refusing enlistment in active service and whether to recognize alternative military service.