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

Punishment of the crime

The Defendant is a “synovah Witness” and is a person subject to enlistment in active duty service.

On October 14, 2015, the Defendant issued a notice of enlistment in the active duty service under the name of the head of the Jeju Regional Military Affairs Administration to the Army Training Center located in Seopo-si, Seopo-si, Seopo-si, Seopo-si on November 9, 2015, and failed to enlist in the military at the expiration of three days from the date of enlistment without justifiable grounds, even though he received a notice of enlistment in the active duty service under the name of the Defendant’s mother D.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the notification of additional enlistment in active duty service, list of those notified of enlistment in active duty service, and delivery;

1. Determination as to the assertion by the accused and the defense counsel regarding criminal facts under Article 88(1)1 of the pertinent Act

1. The gist of the Defendant and his defense counsel’s assertion was that the Defendant refused to enlist in active duty service according to the determination of a religious conscience based on religious belief as a believers of the Defendant and defense counsel. This constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

2. Determination

A. Article 88(1) of the Military Service Act is a legal provision enacted to restrain evasion of enlistment and enforce the formation of military force, which is a foundation of national security, as a matter of principle, “justifiable cause” under the above legal provision is premised on the existence of abstract military service and the confirmation of its performance. However, it should be deemed that there is a ground to justify the non-performance of military service specified by the decision of the head of the Military Affairs Administration, etc., i.e., a disease, etc., that is, a cause not attributable to the person who committed the non-performance of military service.

However, the right of a person who refused to perform the specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and the right has superior constitutional value to the function of the legislative purpose of the above provision.

Even if it is recognized, if it is punished by applying the above legal provision, his constitutional right is unfair.