As a person subject to enlistment in active duty service, the Defendant did not, without justifiable grounds, enlist in the military training center in the name of the head of the Gyeonggi-do Military Manpower Office located in Gyeonggi-do, Chungcheongnam-do, from October 30, 201 to November 14:00 of 2017, from the Defendant’s house located in Gyeonggi-si, Gyeonggi-do, 104 Dong 1501, to the Army Training Center located in Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, and did not directly receive a notice of enlistment in active duty service under the name of the head of the Gyeonggi-do Military Manpower Office.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each Act or subordinate statute to the written accusation, written accusation, written notice of enlistment in active duty service, written notice of enlistment in active duty service, current status of delivery, and copies of written notice of enlistment

1. Determination as to the defendant's assertion on criminal facts under Article 88 (1) 1 of the Military Service Act

1. According to Article 19 of the Constitution guaranteeing the freedom of conscience of the Defendant and Article 18(1) of the International Covenant on Civil and Political Rights (Convention No. 1007, Jul. 10, 1990, which entered into force for the Republic of Korea on July 10, 1990; hereinafter “Rules”), the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act, since it is recognized that the refusal of military service duty based on conscience constitutes “justifiable cause” under Article 88(1) of the same Act.

Therefore, there was a justifiable reason that the defendant did not enlist in the military, and there was no intention to evade enlistment.

2. The meaning of “justifiable cause” under Article 88(1) of the Military Service Act

A. Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is intended to suppress evasion of enlistment and enforce the composition of military force, which is a national security, by punishing an omission, which does not comply with the notice of enlistment or call-up, after the absence of military service, which is abstractly established under the provisions of the Military Service Act, is specifically confirmed by the decision of the head of the Military Affairs Administration, etc., and after receiving the notice of enlistment or call-up notice, which contains the contents thereof.