The Defendant is a person in active duty service.

On July 2, 2013, the Defendant: (a) was directly notified of a call-up for active duty service in the name of the director of the Incheon Gyeonggi-do regional military manpower office on July 2, 2013; (b) on August 6, 2013, the Defendant was not enlisted within three days from the date of the said enlistment without justifiable grounds, while he received the call-up notice in the name of the director of the Incheon Gyeonggi-do regional military manpower office.

Summary of Evidence

1. Defendant's legal statement;

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

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act, the Defendant asserts that the Defendant, as a believers of a D religious organization, refused enlistment in active duty service according to the order of conscience in accordance with the religious doctrine, and that such reason constitutes “justifiable cause” as prescribed by 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