The Defendant, at around August 6, 2012, was the person to be enlisted in active service, from the head of the Defendant’s office located in Yangsan-si B, to the 39 company group located in Changwon-si on September 25, 2012, and was notified by the director of the Gyeongnam Military Manpower Office to enlist, but did not, without justifiable grounds, enlist by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a charge, a domestic registration/post office, and a statute;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts lies in the defendant's refusal to enlist in the military according to his religious belief as a primary offender; the alternative military service system has not yet been established up to now; the defendant seems not to perform his duty of military service in the future; 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 not less than one year and six months is subject to enlistment in the second citizen service; if the defendant is sentenced to a lower sentence, he would be subject to criminal punishment again if the defendant refuses to be notified of enlistment; and the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and circumstances after the crime, etc., a minimum sentence that meets the requirements for exemption from military service shall be sentenced to the defendant.