Defendant is a believers and is subject to call-up of public duty personnel service personnel.

피고인은 2012. 11. 5.경 나주시 C건물 110동 2003호에 있는 자신의 집에서 2012. 12. 10. 14:00경까지 광주 북구 오치동에 있는 31사단으로 소집하라는 광주전남지방병무청 명의의 공익근무요원소집통지서를 받고도 소집일로부터 3일이 경과한 2012. 12. 13.경까지 정당한 사유 없이 소집에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

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

1. The Defendant’s assertion as to the Defendant’s assertion on criminal facts under Article 88(1) main text of Article 88(1)2 of the relevant Act on the Military Service Act is in accordance with the religious doctrine and thus, the Defendant refused enlistment in active duty service according to the order of conscience as indicated in its reasoning. Such reason for refusal of military service constitutes “justifiable cause” under Article 88(1) of the Military Service Act. Thus, under the current positive law, the Defendant’s assertion does not constitute a justifiable cause for refusal of enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga222,09Hun-Ga74, Aug. 30, 201; 201Hun-Ba4, 2010Hun-Ba16, 3011; 30137, 2019Hun-Ba16, 2037, 2019).

When a defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months under the current Act and the reason for sentencing, considering the fact that the defendant is notified of enlistment at the same time and there is a possibility that the malicious circulation subject to criminal punishment will repeat again, a minimum sentence shall be sentenced to the requirements for exemption from military service.