The Defendant is a religious organization’s believers. On May 27, 2013, the Defendant did not enlist in the military on the 21st day of the same month after the date on which three days from the date of enlistment, even though he received a notice of enlistment in the name of the branch office of the Gyeonggi Northern District Military Manpower Branch Office, stating that he will enlist in the 306 Supplementary Team located in the 306 Supplementary Team located in the 109 Dong Dong building 1201 from the Defendant’s house located in the building 109 Dong-si, Yangju-si from June 18, 20

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusation, enlistment notice, domestic registered mail inquiry, and fact-finding certificates;

1. Article 88(1)1 of the Act on the Punishment of Criminal Crimes (the defendant asserts that there is a justifiable reason, but in light of Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004 and Supreme Court Decision 2007Do7941 Decided December 27, 2007, etc., the above argument cannot be accepted) of the Act on the Punishment of Criminal Crimes, the defendant refuses enlistment according to his religious conscience and thus it is difficult to expect that the defendant will actually fulfill his duty of military service. Thus, the defendant shall be sentenced to the minimum punishment that meets the requirements for exemption from military service under the Enforcement Decree of the Military Service Act, but the defendant shall not be detained in court in consideration of the fact that the defendant is faithfully in a trial.