Defendant

Although a person subject to enlistment in active duty service and a person who has received a notice of enlistment in active duty service should enlist within three days from the date of enlistment unless there is a justifiable reason, the person was notified of enlistment in active duty service at the military training center located in the Nam-gu Incheon Metropolitan City, Nam-gu, 2016 and the defendant's house located in Dong-gu, 317 Dong 1102 around November 28, 2016 through the defendant's mother on November 28, 2016, and did not enlist in active duty service without good cause within three days from the date of enlistment.

Summary of Evidence

1. Part of the Defendant’s legal statement 1, accusation note, and each investigation report [the Defendant’s witness and witness refused to enlist in active duty service according to religious belief and good cause exists; and

However, the circumstance that the defendant asserts that there is a justifiable reason for the defendant.

Nor can it be viewed (see Supreme Court Decision 2004Do2965 delivered on July 15, 2004, etc.). Application of statutes

1. In the event that a defendant is sentenced to a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor for a period of less than one year and six months under the current Act on the grounds of sentencing under Article 88 (1) 1 of the pertinent Act on criminal facts, a minimum sentence that meets the requirements for exemption from military service can be imposed on the defendant in the event that the defendant is notified of enlistment at the same time and that the malicious cycle that is subject to criminal punishment is repeated, and there is concern about

Since the court's detention is not visible, the court's detention is not possible.