Although the Defendant received a written notice of enlistment in active duty service from the Defendant’s house located in Daegu-gu Office on September 24, 2013 to the 50 Team located in the Daegu-gu Office on November 12, 2013, the Defendant failed to enlist in active duty service within three days without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. A written accusation, - a statement of a person evading the military service, - a written accusation, and the application of domestic laws and regulations of the Korean Association for Registration;

1. The Defendant’s assertion as to the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the Act on the Aggravated Punishment, Etc. of Specific Crimes, asserts that the Defendant, as a believers of a C religious organization, refused to enlist in active duty service according to an order of conscience in accordance with the religious doctrine, and that such reason constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

Under the current positive law, no exception exists to substitute enlistment in active service against a person who refuses enlistment in active service on grounds of the freedom of conscience under the Military Service Act, the aforementioned grounds alleged by the Defendant do not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22, Aug. 30, 201); thus, the Defendant’s assertion cannot be accepted.

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 law on the reason for sentencing, the defendant will be sentenced to a minimum sentence meeting the requirements for exemption from military service in consideration of the fact that the defendant will be notified of enlistment at the same time and that the malicious circulation subject to criminal