According to the medical certificate prepared by the court below with respect to the defendant on January 4, 1966, which was adopted as evidence by the court below, the defendant's nuclear and inside Korea need to be kept stability from January 4, 1966 to approximately one week. The defendant's failure to enlist in the active duty service even with the certificate of enlistment on January 5, 1966 to enter active duty service in the active duty service was the same time as above, and the certificate of diagnosis was submitted on January 5, 1966 to the Dongcheon-gun's moving site. Such circumstance can be seen as a justifiable reason for the defendant's failure to enlist in the prescribed date under Article 104 (1) of the Military Service Act. It is difficult to conclude that the defendant is not a justifiable reason under the above Article of the Military Service Act because he did not undergo a decision to postpone enlistment from the military service authority. The judgment below with the same opinion is just and there is no error in the application of Article 30 of the Criminal Procedure Act. Thus, the appeal is dismissed.

The judge of the Supreme Court is Hong Dong-dong (Presiding Judge) and Dong-dong (Presiding Justice)