The defendant is to be enlisted in active service.

From July 5, 2013 to August 13, 2013 through C, which is a female student, at his own house located in Suwon-si, Suwon-si B, 206 Dong 406 Dong 406, the Defendant received a written notice of enlistment under the name of the director of the Incheon and the Gyeonggi-do regional military manpower office to enlist in the 306 subsidiary unit located in the Dong-dong of the Government of Gyeonggi-do from August 13, 2013, and failed to enlist without justifiable grounds until three days after the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Written statements of D;

1. Receipt of postal items;

1. Application of Acts and subordinate statutes governing military register inquiry;

1. The "justifiable cause" under Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment in the judgment on the defendant's assertion on criminal facts under Article 88 (1) 1 of the pertinent Act, is, in principle, premised on the existence of abstract military service and the confirmation of the performance itself, but it should be deemed that there is a justifiable reason to refuse the performance of military service, in order to exclude such unconstitutional circumstances, unless there is a reason that the non-performance of military service, such as illness, is not attributable to the non-performance of military service. On the other hand, on the other hand, in a case where the right of the non-performance of specific military service is guaranteed by the Constitution of Korea, and even in a case where it is recognized that the right of the non-performance of the specific military service has superior constitutional value to the legislative purpose of the above Act, even if it is punished by the application of Article 88 (1) of the Military Service Act, it would unfairly infringe on his constitutional right.

However, Article 88 (1) of the Military Service Act was prepared to specify the duty of national defense for the most basic citizen, and it is not properly performed, thereby guaranteeing national security.