Although the Defendant was served with a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-si Military Manpower Office to enlist in the Army Training Center located in Seosan-si as an active duty serviceman on September 27, 2014, on November 10, 2014, at the Defendant’s house located in Seosung-si B, 301 Dong 1302, the Defendant did not enlist for three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, - A written accusation, - Application of the official statute of notice of enlistment in active service

1. The Defendant asserts that a judgment on the Defendant’s assertion regarding criminal facts under the main sentence of Article 88(1)1 of the relevant Article of the Military Service Act constitutes “justifiable cause” as stipulated under Article 88(1) of the Military Service Act to refuse enlistment according to religious conscience.

However, the Supreme Court ruled that conscientious objection pursuant to conscience does not constitute “justifiable cause” as provided for in the above provision as an exception to punishment (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). The Defendant’s above assertion is difficult to accept as present contrary to the purport of the above Supreme Court Decision.