The Defendant is a person to be enlisted in active service as a “B religious organization”.

On September 26, 2013, the Defendant, at the Defendant’s house of Yangcheon-gu Seoul Metropolitan Government, 317 Dong 1002, and on November 11, 2013, failed to enlist in the army training center under the name of the director of the Seoul Regional Military Manpower Office to enlist in the army training center located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, without justifiable grounds until the 14th day of the same month after the date of convening the enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the charge of accusation or accusation statement;

1. The grounds for sentencing under Article 88(1)1 of the pertinent Act on criminal facts have refused to enlist in the military according to religious belief, and the alternative military service system has not yet been established even if several times have been raised, considering the fact that the Defendant appears not to perform the duty of military service; however, the Defendant is determined and sentenced as ordered by taking into account the period of military service, equity with other similar cases, the Defendant’s age, character and conduct, and environment, and all of the sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, character and behavior,

(A) According to Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, 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. Thus, when a defendant is sentenced to a lower sentence, the defendant may be sentenced to imprisonment with prison labor for at least one year and six months.