The Defendant, as a person subject to enlistment in active duty service on October 4, 2013, received a notice of enlistment in active duty service on November 19, 2013 by the director of the Seoul Regional Military Manpower Office to enlistment on November 21, 2013, as it was filled by 301, the Seoul Central Military Manpower Office, the residence of which was located on October 4, 2013, and as it was filled by 102, the Defendant did not enlist on the 21st day of the same month after

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant statutory provisions of Article 88(1) of the Military Service Act concerning criminal facts cannot be deemed as constituting justifiable grounds prescribed under Article 88 of the same Act, where a person who has justifiable grounds exist and was not wounded according to his conscience and conscience (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Since Article 88(1) of the same Act punishing the evasion of enlistment does not violate the Constitution (see, e.g., Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201), the Defendant’s act is justified.