On April 8, 2015, the Defendant did not enlist in the military service from May 19, 2015 to three days from May 19, 2015 without justifiable grounds, in the name of the head of the Gyeonggi Northern District Military Manpower Branch Office, to the effect that “be enlisted according to the 37th group of soldiers according to the 37th group of soldiers training in the Chungcheongbuk-si, Chungcheongnam-si, B apartment 1709 Dong 1205, from the Defendant’s house on May 19, 2015.”

Summary of Evidence

1. Defendant's legal statement;

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

1. A written accusation;

1. Delivery, receipt and present status, and written notification;

1. Application of the Acts and subordinate statutes on the written accusation;

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.