The defendant shall be those subject to enlistment in active duty service and those who have received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, on October 4, 2016, the Defendant did not enlist within three days from the date of enlistment, without justifiable grounds, in the Defendant’s residence located in Yangsan-si B, 101 Dong 702, and on November 21, 2016, to be enlisted in the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the written accusation;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that conscientious objection constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act and is not guilty.

Pursuant to Article 37(2) of the Constitution, the freedom of conscience, such as the so-called “ conscientious objection,” can be restricted for national security, maintenance of order, or public welfare.

Article 88(1) of the Military Service Act is a provision that embodys the duty of national defense. If such duty of military service is not fulfilled properly and the national security is not guaranteed, the dignity and value as a human being cannot be guaranteed. Therefore, the duty of military service is to ensure the dignity and value as a human being of all citizens, and the freedom of conscience of conscientious objectors is superior to such constitutional legal interests.

Ultimately, there is a justifiable reason for the defendant not to enlist within the period prescribed by law.

Therefore, the defendant's assertion is rejected.