The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant is a person subject to enlistment in active duty service as a new religious organization B.

On November 11, 2016, the Defendant received a written notice of enlistment from the Jeju Military Manpower Administration on December 12, 2016 from the Defendant’s house located in the Jeju Military Manpower Administration, to enlistment in the Army Training Center located in Chungcheongnam-si, Chungcheongnam-do on December 12, 2016, but did not, without justifiable grounds, enter the army for three days after the date of enlistment.

2. Article 88(1)1 of the Military Service Act provides that a person who receives a notice of enlistment in active duty service or a notice of call-up shall be punished by imprisonment with labor for not more than three years, if the person fails to enlist in active duty service or fails to comply with a call-up within a specified period (three days in cases of enlistment in active duty service) from the date of enlistment or call-up without justifiable grounds

3. The defendant's assertion that he did not enlist in the military after the receipt of the written enlistment notice as stated in the above facts charged, but it constitutes "justifiable cause" that may refuse enlistment under the above penal provision of the Military Service Act, and thus, the defendant asserts that he is not guilty.

4. Determination as to whether the defendant's act constitutes conscientious objection

A. Comprehensively taking account of the Defendant’s legal statement and evidence revealed the facts of recognition, the Defendant went to the B religious church from January 1, 200, when he was under three years of age due to his family’s influence on April 12, 2012, and was subject to aggression as a believers, and the Defendant was living together with his parents and her father and became his father. The Defendant was determined on March 2015 by a military personnel examination conducted by the Jeju Military Manpower Administration in the Jeju Military Manpower Administration, and received the written enlistment notice on November 2016, but did not enter the military in order to refuse the duty of total military service according to his belief, and the Defendant refused to perform the duty of military service, but did not take the premise of total training, etc.