Although the Defendant received a notice of enlistment in the name of the director of the regional military manpower office to enlistment in the active service on October 24, 2014 from the Defendant’s residence located B B 408 Dong 304, Yangsan-si on December 2, 2014, and received a notice of enlistment in the name of the director of the regional military manpower office, he did not enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Written charge, additional data (written charge, written statement, enlistment notice, written notice, identification number, identification number certificate, and written confirmation of facts);

1. Application of Acts and subordinate statutes sent to the Military Manpower Administration;

1. The Defendant asserts that the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act constitutes “justifiable cause” under Article 88(1) of the Military Service Act insofar as he refused military service according to a religious conscience guaranteed by the Constitution, etc.

Under the current positive law that does not provide for an exception to alternative military service for those who refuse to serve in the military on the ground of the freedom of conscience under the Military Service Act, the above reasons asserted by the Defendant cannot be deemed as a justifiable reason under the interpretation of the current Constitution and the Military Service Act.

(see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Accordingly, we cannot accept the Defendant’s above assertion.

It is difficult to expect that the defendant will fulfill his duty of military service in the future for the reason of sentencing, and considering the possibility of continuous criminal punishment, a sentence meeting the requirements for exemption from military service like the order shall be sentenced.