The Defendant is a person in active duty service.

On May 30, 2013, the Defendant received a notice of enlistment in active duty service under the name of the director of the Gyeonggi Military Manpower Administration to enter the Gyeonggi-gu Army Training Center in the Gyeonggi-do, Chungcheongnam-si on June 24, 2013 at the post office located in Pyeongtaek-si, Gyeonggi-do on May 30, 2013, and was not enlisted without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. B’s statement and written accusation;

1. Application of Acts and subordinate statutes to military register inquiries and domestic registration/sub-post transfers;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Article of the Military Service Act, the Defendant asserts to the effect that, as a believers of a C religious organization, he refused to enlist in active duty service according to the order of conscience in accordance with such religious doctrine, the Defendant’s objection to military service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

Under the current positive law, no exception exists to substitute enlistment in active service against a person who refuses enlistment in active service on grounds of the freedom of conscience under the Military Service Act, the aforementioned grounds alleged by the Defendant do not constitute justifiable grounds for refusal of enlistment (see, e.g., Supreme Court Decisions 201Do1759, Nov. 24, 201; 2008Hun-Ga22, Aug. 30, 201); thus, the Defendant’s assertion cannot be accepted.

When 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 on the reason for sentencing, the defendant will be sentenced to a minimum sentence meeting the requirements for exemption from military service in consideration of the fact that the defendant will be notified of enlistment at the same time and that the malicious circulation subject to criminal