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 of Hohovah and is subject to enlistment in active duty service.

Although the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlistment in the 306 supplementary service from the office of Kimpo-si located in the northwest of Kimpo-si on July 16, 2014 to the 306 supplementary service located in the city of the Government of the Council up to 14:00 on August 19, 2014, the Defendant failed to enlist without justifiable grounds until August 22, 2014, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the accuser or accuser;

1. As to the Defendant’s assertion regarding registration inquiry, public notice of enlistment in active service, and the Defendant’s assertion on Article 88(1)1 of the Military Service Act applicable to the Military Service Act’s Roster, the Defendant asserts that the refusal of military service based on a religious conscience based on one’s own conscience, which he is a female and a female witness, constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

In principle, “justifiable cause” under Article 88(1) of the Military Service Act should be deemed as a matter of principle to justify the existence of abstract military service duty and the existence of the performance thereof, but the failure to perform the specified duty, i.e., reasons that are not attributable to the nonperformancer such as illness, etc. However, refusal of military service based on religious conscience does not include refusal of military service based on religious conscience, and the Constitutional Court consistently makes a decision that Article 88(1) of the Military Service Act, which is a provision punishing the evasion of enlistment

(see, e.g., Constitutional Court Order 2002Hun-Ga1, Aug. 26, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). Therefore, the Defendant’s refusal of enlistment based on a religious conscience does not constitute “justifiable cause” under Article 88(1) of the Military Service Act, and the Defendant’s assertion is without merit.

The reason for sentencing is that the defendant refuses to enlist in the military according to his religious belief, and the defendant is future.