The Defendant, as a person subject to enlistment in active duty service on December 24, 2014, received a written notice of enlistment under the name of the director of the former regional military manpower office to enlistment on January 27, 2015 from his own residence located in Ansan-si Member B on December 12:05, 2014, but failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of parcel-post-post Acts and subordinate statutes;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant Act on the Military Service Act, the Defendant refused to enlist in the military according to a religious conscience as “C religious organization” and the Defendant’s assertion that conscientious objection is a right derived from Article 19 of the Constitution and Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a party. However, the right to be exempt from the application of the provisions of the Military Service Act cannot be derived from the provision of Article 19 of the Constitution or Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a party (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Supreme Court Decision 2015Do10935, Sept. 10, 2015); and the Defendant’s assertion cannot be accepted.

The reason for sentencing shall be determined as ordered in accordance with the motive of the defendant's refusal to perform the duty of military service, the consideration of the sentence to avoid repetitive punishment against the defendant who is difficult to expect the performance of the duty of military service in reality, etc. However, it is not likely that the defendant might destroy evidence or flee, and thus the statutory detention shall not be made.