The Defendant directly received a written notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlist in the Army Training Center from his office located in Geumcheon-gu Seoul Metropolitan Government on May 2, 2013, and from June 3, 2013, but did not enlist until June 7, 2013, when three days have passed from the above enlistment date without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes of the registered postal items;

1. The grounds for sentencing under Article 88(1)1 of the pertinent Act on criminal facts include the Defendant’s refusal to enlist in the military according to religious belief, and the need has been raised several times, taking into account that alternative military service system has not yet been established. However, the Defendant appears not to perform the duty of military service in the future, taking into account the fact that the Defendant appears not to perform the duty of military service, equity with the period of military service, other similar cases, the Defendant’s age, character and conduct, and environment, and all kinds of sentencing conditions as shown in the records and arguments of this case

(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.