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

Punishment of the crime

The defendant was given a notice of enlistment in the name of the director of the Incheon Gyeonggi-do regional military manpower office to enlistment in the active service on October 20, 2014 at the defendant's residence located in Bupyeong-gu B, Incheon, 1, 306 on November 18, 2014, and failed to enlist without justifiable grounds by no later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts that the Defendant, as a witness of Jehovahovah’s Republic, refused enlistment in active duty service in accordance with his religious doctrine in accordance with the order of conscience, and that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

Under the current positive law that does not provide for special cases that can substitute enlistment in active service for those who refuse enlistment in active service on grounds of religious belief under the Military Service Act, the above reasons asserted by the defendant do not constitute justifiable grounds for refusal of enlistment. Therefore, the above argument by the defendant is difficult to accept.

Under the current law that does not recognize the alternative military service system for conscientious objectors on the grounds of sentencing, punishment against the accused is inevitable.

However, according to Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act, in case of convicted prisoners, only a person who has been sentenced to imprisonment or imprisonment without prison labor for at least one year and six months is subject to enlistment in the second citizen service. Thus, if a defendant is sentenced to a lower sentence, in light of the defendant's statement and attitude of the defendant refusing military enlistment, it is likely that he would be subject to punishment because he would be subject to a lower sentence, and thus, the minor punishment would be disadvantageous to the defendant.