The Defendant is a new religious person who was enlisted in active duty service.

Although the Defendant received a notice of enlistment in the active duty service under the name of the head of the regional military affairs office of the Gyeong-do Office to enlist in the military at around July 29, 2016, and as up to September 6, 2016, the Defendant failed to enlist without justifiable grounds until September 9, 2016, for which three days have passed from the date of enlistment, even though he received a notice of enlistment in the active duty service under the name of the head of the regional military affairs office of Chuncheon.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of additional enlistment in active duty service, progress of delivery, and application of statutes governing military register inquiries;

1. Article 88(1)1 of the pertinent Act on criminal facts cannot be deemed as constituting justifiable grounds under Article 88(1)1 of the Military Service Act [the refusal of enlistment on the grounds of conscience and freedom of religion under the interpretation of the Constitution of the Republic of Korea and the Military Service Act cannot be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act] of the same Act on the grounds of sentencing, where a defendant is sentenced to imprisonment with prison labor or a suspended sentence for less than one year and six months under the current Act on the grounds of sentencing, the defendant will be notified of enlistment at any time and the malicious cycle subject to criminal punishment due to refusal of the performance