The defendant is a religious organization believers who is subject to enlistment in active duty service.

On June 10, 2013, the Defendant issued a notice of enlistment in active duty service under the name of the director of the regional military manpower office in the name of the Defendant to enlist in the office of the Defendant, located in Dacheon-gun, Dacheon-gun, 304 Dong 1006 on July 23, 2013 from the office of the Defendant on June 10, 2013, in the name of the head of the regional military manpower office in Cheongcheon-si, Cheongcheon-do, Gangwon-do on July 23, 2013, and did not enlist until July 26

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of the defendant;

1. A written accusation;

1. E statements;

1. A copy of the notice of enlistment in active service;

1. Copies of domestic registration inquiries;

1. Copies of notices sent to the Military Manpower Administration; and

1. A copy of fact-finding certificate;

1. Application of Acts and subordinate statutes to copies of military 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 Punishment, etc. of Specific Crimes is alleged to the effect that, as the Defendant, as a believers of a religious organization, refuses military service according to religious conscience, there exists a justifiable ground for conscientious objection. However, the duty of military service ultimately aims to ensure the dignity and value of all citizens as a human being, and to restrict the Defendant’s freedom of conscience pursuant to

Even if this is a legitimate restriction permitted under the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court en banc Decision 2008HunGa22, Aug. 30, 201); thus, the above assertion disputing such a limitation is rejected.

When a defendant is sentenced to a suspended sentence of imprisonment with prison labor for less than one year and six months under the current Act and the reason for sentencing, considering the fact that the defendant would be notified of enlistment at the same time and that the malicious circulation subject to criminal punishment might be repeated, a minimum sentence that meets the requirements for exemption from military service shall be imposed on the defendant.