The defendant is a witness of Hohovah, who is subject to enlistment in active duty service.

On August 30, 2017, the Defendant, at the Defendant’s house located in Suwon-si, Suwon-si B, 202 Dong 1302, and 1302, failed to enlist in the military for more than three (3) days from the date of the enlistment without justifiable grounds, even though the Defendant received a notice of enlistment in active service under the name of the head of the Military Affairs Administration of the Republic of Korea, by the e-mail of the Defendant, from the date of the enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the details of notification of enlistment in active duty service, list of nature in active duty service, and e-mail notification;

1. Article 88(1)1 of the pertinent Act on criminal facts cannot be deemed as constituting justifiable grounds under Article 88(1)1 of the Military Service Act [the refusal of enlistment on the grounds of conscience and freedom of religion under the interpretation of the Constitution of the Republic of Korea and the Military Service Act cannot be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act] of the same Act on the grounds of sentencing, where a defendant is sentenced to imprisonment with prison labor or a suspended sentence for less than one year and six months under the current Act on the grounds of sentencing, the defendant will be notified of enlistment at any time and the malicious cycle subject to criminal punishment due to refusal of the performance