The defendant is a person liable for military service and a person subject to enlistment in active service.

On May 22, 2014, the Defendant received a written notice of enlistment in active duty from Kimpo-si B apartment 208 Dong 1101, and the mother C sent a notice of enlistment to the Maritime Education and Training Group located in the North Korean Port by June 23, 2014. Around that time, the Defendant confirmed the same contents by accessing the “Bave” website without justifiable grounds, but did not enlist in the military for more than three days after the date of enlistment notified.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement that is the accusation of D;

1. Application of statutes on the management of letter and e-mail so dispatched to the Military Manpower Administration, a written accusation, or the Military Manpower Administration;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that, as a believers of a religion, who is a female and female witness, refused enlistment in active duty service according to his religious conscience, the refusal of military service based on religious conscience constitutes justifiable grounds and thus, the Defendant is acquitted.

However, it cannot be deemed that a religious conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is rejected.

It is inevitable to punish the defendant under the current law that does not recognize the alternative military service system for conscientious objectors on the grounds of sentencing.

Since the defendant is sentenced to punishment, the defendant is sentenced to punishment, and the defendant reaches the crime of this case under his religious belief, and other conditions of sentencing, such as the defendant's age, character, character, environment, family relationship, etc., shall be determined by taking into