The Defendant is a person subject to enlistment in active duty service as a new witness.

On June 5, 2015, the Defendant failed to enlist in the military at the office of the Defendant located in Seongbuk-gu Seoul, Seoul, and on June 30, 2015, the third group located in the Iron-gun, Gangwon-do, to be enlisted in the active duty service, without justifiable grounds, within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. The main sentence of Article 88(1)1 of the Military Service Act applicable to the written accusation (it does not constitute justifiable grounds for refusal of enlistment under the current law that does not provide for a special exception to a person refusing enlistment in active service on the grounds of religious belief that goes against the religious belief that does not provide for a substitute for enlistment in active service). Under the current law without any special exception to alternative military service on the grounds of sentencing, the punishment against the defendant is inevitable under the current law, but it is difficult to expect the performance of military service due to the unique characteristics of the religious belief cited by the defendant, and it is harsh to repeatedly determine a punishment again subject to reenened by the defendant, taking into account the aforementioned circumstances, imposing a sentence equivalent