Defendant is subject to enlistment in full time reserve service.

On December 24, 2012, the Defendant received a written notice of enlistment in the name of the director general of the Gangwon-do regional office of manpower administration to enlist in the 14:00 on January 8, 2013 at his own house of 202, Chuncheon-si, Seoul-si, and the 102 Supplementary Army located in Chuncheon-si from January 8, 2013, but did not comply with the call without justifiable grounds by the date on which three days have passed from the call.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a written accusation under the name of the Gangwon Military Manpower Office;

1. Determination as to the assertion of the accused and the defense counsel under Article 88(1)1 of the pertinent Act and Article 88(1)1 of the Military Service Act regarding criminal facts

1. The defendant asserts that the enlistment is denied on the basis of the freedom of conscience as stipulated in Article 18 of the ICCPR and Article 19 of the Constitution, and thus, it does not constitute a crime on the grounds that constitute justifiable grounds under Article 88(1) of the Military Service Act.

2. The "justifiable cause" under Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of an abstract military service and the confirmation of the performance of the duty itself. However, it shall be deemed that the reason that can justify the non-performance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness, is limited to a cause not attributable to the non-performance of the duty of military service. On the other hand, on the other hand, the right of the non-performance of the duty of military service is guaranteed by the Constitution of Korea. Furthermore, even if the right of the non-performance of the specific duty of military service is recognized as having superior constitutional value to the legislative purpose of Article 88(1) of the Military Service Act, if punishment is imposed by the application of Article 88(1) of the same Act,