The defendant is a person subject to enlistment in active duty service, and a witness of women and children.

On June 23, 2016, around 13:15, the Defendant directly received a notice of enlistment in active duty service under the name of the director of the regional military manpower office, to enlist in the Army Training Center located in Gyeyang-gu, Manyang-si, 101 Dong 701, and on August 16, 2016, the Defendant did not enlist until the 19th day of the same month after the date of enlistment, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Article 88(1)1 of the relevant Act on Criminal Facts cannot be deemed to constitute “justifiable cause” under the Military Service Act, and the punishment of conscientious objection is not contrary to the freedom of conscience under Article 19 of the Constitution (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004) - Where the defendant continuously expresses his intention to refuse enlistment in accordance with a religious belief and continuously expresses his intention to refuse enlistment, the defendant may be subject to criminal punishment by refusing enlistment again, the defendant is the primary offender, and the sentencing of the same case shall be taken into account.