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.

The Defendant, around July 1, 2014, received the notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-si Regional Military Manpower Office to enlistment as the Army Training Center located in Ansan-si, 607 Dong 303, and August 4, 2014, but did not, without justifiable grounds, failed to enlist until three days after the date of enlistment from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the accusation, accusation statement, e-mail notification statement, military register inquiry, and copies of the public notice of enlistment in active duty service;

1. Determination as to the defendant's assertion under Article 88 (1) 1 of the relevant Act on criminal facts

1. The gist of the assertion is that the Defendant, as a witness of Jehovahovah, failed to enlist in the military according to his religious belief or conscience, there is a justifiable reason to refuse enlistment.

2. 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 as human beings cannot be guaranteed if the duty of military service is not fulfilled properly and the national security is not ensured.

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, punishment is imposed on a person who refuses to enlist in active service, and whether to recognize alternative military service is subject to broad legislative discretion from legislators. As such, with respect to a person who refuses to enlist in active service on the grounds of conscience and religious freedom, punishment is limited to the provision that imposes penalty without any special exception that can substitute enlistment in active service.