The Defendant is a new witness and is a person subject to call-up to social work personnel service.

On June 19, 2014, the Defendant, at around 17:09, did not respond to the call for a social work personnel call at the office of the Defendant located in Gangnam-gu Seoul Metropolitan Government, and from July 31, 2014, to be enlisted in the Army Training Center located in the Geumdong-gu, Seosan-si, Seosan-si on July 31, 2014, which was directly received by the Defendant as the Defendant’s patriotism e-mail (D) without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of a call notice to social work personnel;

1. The Defendant, on the grounds of sentencing under Article 88(1)1 of the pertinent Act regarding criminal facts, refuses to enlist as an initial offender according to a religious belief.

Nevertheless, the crime of this case is not intentionally enlistment and the nature of the crime is not less severe, and alternative military service for conscientious objectors is not recognized under the current law that does not recognize alternative military service system for conscientious objectors, it is inevitable to punish the defendant.

However, according to Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act, in case of convicted prisoners, only a person who has been sentenced to imprisonment with prison labor or imprisonment without prison labor for at least one year and six months is subject to enlistment in the second citizen service, and if a defendant is sentenced to a lower sentence, in light of the defendant's statement and attitude refusing military enlistment, it is probable that the defendant would be punished because he would be subject to punishment because he would be subject to a lower sentence, and the minor punishment would rather be disadvantageous to the defendant.