On March 25, 2015, the Defendant’s house located in B apartment No. 103 Dong-dong 804, 2015, the same year.

4. Until December 28, 200, a notice of enlistment in active duty service under the name of the director of the regional military manpower office of the Chungcheongbuk-gun to enlistment in the army as the 37th army located in the Chungcheongbuk-gun was received through a group or C, but failed to enlist within three days from the date of enlistment without justifiable grounds

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A written accusation and an explanatory note;

1. Details of enlistment notice, mail list of notice of enlistment, and application of Acts and subordinate statutes of the notice of enlistment in active service;

1. The Defendant’s assertion as to the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act is the “novah’s Witness” and refused enlistment according to a religious belief. This assertion argues that conscientious objection is based on the freedom of conscience guaranteed by the Constitution and the freedom of religion, and constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

However, conscientious objection based on a religious conscience does not constitute “justifiable cause” as provided for in the Military Service Act as an exception to punishment (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). The Defendant’s assertion is without merit.

The reason for sentencing seems to be difficult to expect that the defendant will fulfill his military service in the future because the defendant refuses to enlist in the military according to religious belief.

Under the current law, when a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or the suspension of the execution of such imprisonment with prison labor, the defendant will be sentenced to a minimum sentence that meets the requirements for exemption from military service in consideration of the fact that the defendant is subject to the notification of enlistment at the same time and that the malicious circulation subject