The defendant, who is a person in active duty service, shall enlist within three days from the date of his designated enlistment.

Nevertheless, on October 25, 2012, the Defendant had access to the Internet e-mail center at the Defendant’s home (Yansi B building 305, Dong), and had access to the e-mail center at the Military Manpower Administration by December 3, 2012, to the e-mail center at the e-mail center at Seosan-si, Seosan-si, and had access to the notice of enlistment in active duty service, but failed to enlist without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A written accusation;

1. Application of the Acts and subordinate statutes on military register inquiries and military service draft natural registers;

1. The Defendant’s assertion as to the Defendant’s assertion on 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 an E 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