The defendant is a person subject to enlistment in active service.

On July 1, 2014, the Defendant received a notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlist in the 306 Supplementary Zone located in Yeonsu-gu Incheon, Yeonsu-gu, 208 Dong 1501 to August 19, 2014, and failed to enlist without justifiable grounds by the day after three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The grounds for determination and sentencing of the Defendant’s assertion on criminal facts under Article 88(1)1 of the former Military Service Act (amended by Act No. 12560, May 9, 2014) concerning Article 88(1)1 of the same Act are as follows: (a) the Defendant, who is a female and a witness church, refuses military service according to a religious conscience guaranteed by the Constitution; and (b) the Defendant has “justifiable cause” as prescribed by Article 88(1) of the same Act.

However, the above argument by the defendant does not constitute justifiable grounds as stipulated in the above provision of the Military Service Act by interpreting the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). The above argument is rejected.

However, in cases where a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor under the current law, the minimum sentence for the defendant to be exempted from military service shall be imposed in consideration of the fact that if the defendant is subject to the notice of enlistment at the same time and the refusal of the sentence is likely to repeat the malicious circulation subject to criminal punishment. However, in light of the motive of the crime in this case, the attitude of the defendant committed in the investigation and trial, etc.,

It is so decided as per Disposition for the above reasons.