The Defendant, as a person subject to enlistment in active duty service, received a written notice of enlistment in active duty service from her natives or D, which was sent to the Defendant’s house located in Kimhae-si, Kimhae-si, 1204 Dong 701 on April 27, 2016, and on May 24, 2016, the Defendant failed to enlist in active duty service without justifiable grounds until May 27, 2016, when three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of a written accusation or accusation against a person who violates the Military Service Act, enlistment in active duty service, and statutes notifying enlistment;

1. The defendant's assertion on criminal facts under Article 88 (1) 1 of the relevant Article of the Military Service Act concerning the purport that there is a justifiable reason for not enlistment, since he/she refused enlistment according to a religious belief as a member of the "steh's witness".

In the interpretation of the current Constitution and the laws, the refusal of enlistment on the ground of religious belief and conscience cannot be deemed as a justifiable cause under Article 88(1) of the Military Service Act.

[See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004; Constitutional Court Decision 2008HunGa22, 2009HunGa7, 24, 2010HunGa16, 37, 2008HunBa103, 209HunBa3, 2011HunBa16, etc. decided on August 30, 201. The Defendant’s assertion is rejected.

In light of the fact that the defendant's reason for sentencing led to the crime of this case according to religious belief, a sentence of minimum punishment meeting the requirements for enlistment in the second citizen service prescribed by the Enforcement Decree of the Military Service Act shall be imposed, but even if a sentence is imposed, it is deemed that there is no possibility that the defendant may flee.