The Defendant is a person subject to enlistment in active duty service with “novah’s Witness.”

A person who has received a notice of call-up for active duty service shall enlist in the army within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on July 20, 2015, the Defendant received a notice from the head of the Military Affairs Administration of Busan District to enlist in the Army Training Center by September 7, 2015 at the Defendant’s office located in Busan District B, 501, but failed to enlist in the said military unit by the day after three days from the date of enlistment on the religious ground of “newness of a female and female witness.”

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. C’s statement;

1. Application of Acts and subordinate statutes of the notice of enlistment in active duty service (No. 3), delivery of mail, and notice of call-up for enlistment in active duty service (Evidence No. 15);

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. The Defendant alleged as “marh’s Witness” and refused to enlist in active duty service according to a religious conscience decision based on religious belief, which constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

2. As such, it cannot be deemed that the objection to military service based on the above religious conscience of Defendant 1 constitutes justifiable grounds under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2007Do8187, Nov. 29, 2007); and the above assertion by Defendant 1 cannot be accepted.

Although the defendant is a primary offender for sentencing, in light of his religious belief, it is difficult to expect that the defendant will fulfill his duty of military service in the future, and the sentencing equality with other persons who refuse enlistment due to a similar reason, etc., the sentence like the order shall be imposed.

Provided, That it is likely that the defendant is likely to flee or be likely to flee;

No. 3.