The Defendant is a person in active duty service, who is a person subject to enlistment in Sejong Special Self-Governing City on October 24, 2012, and was enlisted in Sejong Special Self-Governing City on December 4, 2012, and on December 102, 2012, the Defendant was issued a notice of enlistment in the name of the director of the Daejeon District Military Manpower Office, and did not, without good cause, enlist within three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Status of enlistment notice, such as active duty servicemen, and parcel-post delivery delivery;

1. Notices, identification numbers and identification numbers sent to the Military Manpower Administration;

1. Application of Acts and subordinate statutes governing military register inquiry;

1. The Defendant asserts that his refusal to enlist in accordance with his religious belief constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act to the effect that the Defendant’s determination on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act constitutes “justifiable cause” of refusal to enlist.

However, under the current positive law that does not provide for special cases that can substitute enlistment in active service against a person who refuses enlistment in the Military Service Act on the grounds of freedom of conscience, the argument by the Defendant does 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.

The reason for sentencing is that the defendant refuses to enlist in the military according to his religious belief, and even though the need has been raised several times, the alternative military service system has not yet been prepared until now, and the defendant seems not to perform his duty of military service in the future, taking into comprehensive account the equity between military service period and other similar cases, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and various conditions of sentencing, such as circumstances after the crime, etc.

Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act.