Upon receipt of a notice of enlistment in the name of the director of the Incheon Gyeonggi-si Military Manpower Office to enlistment in the Army Training Center located in Pyeongtaek-si, Chungcheongnam-si as of July 27, 2015 from the defendant's house located in Pyeongtaek-si on July 20, 2015, the defendant did not enlist in the military without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A notice of additional enlistment in active duty service (the duty of military service is ultimately to ensure the dignity and value of all citizens as a human being. Accordingly, the State’s criminal punishment of conscientious objectors in accordance with a reasonable legislative discretion does not unfairly infringe on the freedom of conscience contrary to Articles 10, 19, and 37(2) of the Constitution, or contravenes Article 6(1) of the Constitution and Article 18 of the International Covenant on Civil and Political Rights. Such conscientious objection does not constitute “justifiable cause” under Article 88(1) of the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2015Do6933, Jul. 23, 2015).

1. Determination on the application of the sentencing criteria under Article 88 (1) 1 of the relevant Act on criminal facts: Not subject to application;