The defendant is a person subject to active duty service who has been judged in Grade 1 above.

On October 28, 2015, the Defendant received a written notice of enlistment under the name of the head of the Seoul Regional Military Affairs Administration to enlistment in the Army Training Center on December 7, 2015 at the Defendant’s residence of 208, 703, Seoul Special Metropolitan City, Gwanak-gu apartment B, Seoul Special Metropolitan City (Seoul Special Metropolitan City), but failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Details of postal delivery;

1. Application of Acts and subordinate statutes to confirm facts;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the Defendant’s refusal of enlistment in active duty service according to a religious conscience as “novah Witness” is a new witness. Since such right to refuse enlistment in active duty service is guaranteed by the Constitution, the Defendant’s refusal of enlistment in active duty service constitutes “justifiable cause” under Article 88(1) of the Military Service Act.

Ultimately, the duty of military service is to ensure the dignity and value of all citizens as human beings. Since the freedom of conscience of conscientious objectors cannot be deemed as superior value to the above constitutional legal interests, conscientious objectors are difficult to be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act.

Therefore, the defendant's above assertion is rejected.

The reason for sentencing is that the defendant refused to enlist according to his religious conscience, but it is inevitable to punish the defendant under the current law that does not recognize the alternative return system for conscientious objectors.

However, in light of the fact that the defendant was leading to the crime of this case according to religious conscience and that it was the first offender who has no record of punishment, etc., the sentence of the same punishment is sentenced, but even if the sentence is sentenced, it is likely that the defendant will escape

No legal detention shall be made because it is not visible.