The defendant is a new witness with Jehovah and is a person subject to enlistment in active duty service.

On October 31, 2013, the Defendant received a notice of enlistment in active duty service in the name of the director of the Daejeon District Military Manpower Office, and did not enter the military service by not later than three days after the date of enlistment without justifiable grounds, even though he received a notice of enlistment in active duty service in the name of the director of the Daejeon District Military Manpower Office, from the Defendant’s house located in C and C, Dong 102 to December 14, 2013 at the Defendant’s office located in C and C, Dong 102.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to each of the written notifications sent to the chargers, the Military Manpower Administration, the military register inquiry, the details of postal inquiries, and the enlistment notification of active duty servicemen;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts that he/she, as a new witness, refused enlistment in active service according to his/her religious doctrine as stated in its reasoning, based on his/her religious doctrine, constitutes “justifiable cause” under the main sentence of Article 88(1) of the Military Service Act.

However, under the current positive law that does not provide for special cases that can substitute enlistment in active service against a person who refuses enlistment in the Military Service Act on grounds of religious belief, the above ground alleged by the defendant does not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decision 201Do1759, Nov. 24, 201; Constitutional Court Decision 2008Hun-Ga22, Aug. 30, 201); thus, the above argument by the defendant cannot be accepted.

In light of the fact that, when a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor under the current laws and regulations on the reason of sentencing, there is a possibility that the defendant would be again notified of enlistment and a repeated circulation subject to criminal punishment will be repeated, a minimum sentence that meets the requirements for