The defendant is a witness with her mother.

The defendant is a person in active duty service, and the defendant's house located in Sungnam-si C and in the third floor around August 20, 2014, and the same year.

9. Even though a notice of enlistment in the name of the director of the Incheon Gyeonggi-do regional military manpower office to enlist in the army up to 14:00 of the 23th 14:00 of the government of the Gyeonggi-do, the person did not enlist without justifiable grounds within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of accusation, accuser statement, and Acts and subordinate statutes of the notice of enlistment in active duty service;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts is that the defendant refuses enlistment according to a religious belief, and even though the need has been raised several times, alternative military service system that allows a person who refuses enlistment according to a religious belief as the defendant has not yet been prepared so far. In light of the defendant’s religious belief, it seems difficult to expect the defendant to perform military service in light of the defendant’s religious belief. According to Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, only a person who has been sentenced to imprisonment or imprisonment without prison labor for at least one year and six months is subject to enlistment in the second citizen service, and thus, if the defendant is sentenced to a lower sentence, there is a possibility that the defendant may be subject to punishment by refusal of enlistment, and that the sentence against the defendant is inevitable if considering equity between the person performing the military service and other similar cases.

The above circumstances shall be determined by taking into account the defendant's age, character and conduct, academic background, career, living environment, family relationship, and motive and circumstances leading to the crime, etc. However, the defendant is not likely to destroy evidence or flee, and thus the court's custody is not allowed.