The Defendant is a person in active duty service.

On December 30, 2013, the Defendant did not enlist without justifiable reasons even after having received a written enlistment notice under the name of the director of the regional military manpower office of Incheon Gyeonggi-do, that “from February 24, 2014, to be enlisted in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, Incheon, and 5-dong B02” from the Defendant’s dwelling place around December 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes governing a written accusation and a written notice of enlistment;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts cannot be deemed as a justifiable reason for refusing enlistment in active service under the current law merely based on the fact that the defendant, who is a believers of a female and a witness, refuses enlistment in active service in accordance with a religious belief.

However, the defendant shall be sentenced to a minimum punishment that is a requirement for exemption from military service, and a judgment shall be rendered as ordered to avoid the malicious circulation of criminal punishment for the second notice of enlistment.