Upon receipt of a written notice of enlistment from among those subject to active duty service, the defendant shall enlist within three days from the date of enlistment.

Nevertheless, during the period of Ansan-si on September 18, 2017, the Defendant received the notice of enlistment in the name of the head of the regional military affairs office in the name of the head of the 5th association military affairs and military affairs administration, to directly enlist in the 5th association new soldiers training unit located in the Dong-gu, Gyeonggi-do, Seoul Metropolitan City, from the Defendant’s residence located in B apartment C, to November 14:00 on November 7, 2017, the Defendant did not immediately enlist within three days from the date of the enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on a written accusation and a written accusation against violations of the Military Service Act;

1. Article 88 (1) 1 of the relevant Act on Criminal Crimes (see, e.g., Constitutional Court Decision 88 (1) of the Military Service Act, which is a provision punishing evasion of enlistment, has decided not to violate the Constitution (see, e.g., Constitutional Court Decision 2008Hun-Ga22, Aug. 30, 201). The Supreme Court does not constitute “justifiable cause” as provided for the exception of punishment under the above provision, and even from the provision of Article 18 of the International Covenant on Civil and Political Rights to which the Republic of Korea is a member, the right to be exempted from the application of the above provision is not derived, and even if the United Nations Commission on the Freedom of Civil and Political Rights has presented a recommendation to conscientious objectors, this does not have any legal binding force (see, e.g., Supreme Court Decision 2004Do29678, Jul. 15, 2004); - Supreme Court Decision 2007Do1879, Jul. 17, 2007).