The defendant is a man and a witness who is a person subject to enlistment in active service.

On August 11, 2014, the Defendant received a written notice of enlistment under the name of the Gyeonggi Northern District Military Manpower Branch Office, which stated that he will be enlisted in the military at the defendant's house located in Namyang-si B on September 16, 2014, and that he will be enlisted in the military service, but did not enter the military without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant (the purport that he did not enlist in the military by religious doctrine);

1. A written accusation;

1. Application of Acts and subordinate statutes to a written accusation or a written public notice of enlistment in active duty service;

1. The reason for sentencing under Article 88(1) of the relevant Act on Criminal Facts is not recognized as justifiable grounds for refusing enlistment on the grounds of religious doctrine under the current legal system.

Although the Defendant is a first offender, as long as the Defendant’s refusal of entering the military according to his religious conscience led to the instant crime, the Defendant would be sentenced to the minimum punishment that could exempt the Defendant from military service, but in light of the fact that discussions on alternative military service continue, statutory detention is not required. In addition, the Defendant’s age, character and conduct and environment, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., are considered as the conditions for sentencing specified in the records and arguments, and the judgment is rendered as above.