On September 27, 2014, the Defendant received a written notice of enlistment in active duty service in the name of the director of the regional military manpower office to enlist in the army under the name of 306, 416, from his own house located in B, to his own house from November 18, 2014, and did not enlistment without justifiable grounds, for three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A written accusation and an explanatory note;

1. Application of statutes governing enlistment notice, list of persons subject to a draft physical examination, and military register inquiries;

1. The Defendant’s assertion as to the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act is the “novah’s Witness” and refused enlistment according to a religious belief. This assertion argues that conscientious objection is based on the freedom of conscience guaranteed by the Constitution and the freedom of religion, and constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act.

However, conscientious objection based on a religious conscience does not constitute “justifiable cause” as provided for in the Military Service Act as an exception to punishment (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). The Defendant’s assertion is without merit.

The reason for sentencing seems to be difficult to expect that the defendant will fulfill his military service in the future because the defendant refuses to enlist in the military according to religious belief.

Under the current law, when a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or the suspension of the execution of such imprisonment with prison labor, the defendant will be sentenced to a minimum sentence that meets the requirements for exemption from military service in consideration of the fact that the defendant is subject to the notification of enlistment at the same time and that the malicious circulation subject