No person who has received a notice of enlistment in active duty service shall be enlisted unless he/she enters the army within three days from the date of enlistment without justifiable grounds.

Nevertheless, the Defendant received a notice of enlistment in the name of the director of the Seoul regional military manpower office to enlistment in the active service under the name of the Seoul regional military manpower office on September 2, 2013 from the office of the Defendant, Seodaemun-gu, Seoul, to the 102 supplementary military service around October 8, 2013, but did not enlist within three days from the date of enlistment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of accusers in preparation of D;

1. As a member of the “E”, the Defendant’s argument regarding the Defendant’s argument in the Korean / Mapo Mapo Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Mapo-Ma (hereinafter “E”) refuses enlistment according to religious conscience. The Defendant’s decision is protected pursuant to the International Covenant on Civil and Political Rights and Articles 10 and 19 of the Constitution. As such, the Defendant’s refusal to enlistment argues that there exists a justifiable reason under Article 88(1) of the Military Service Act. However, the foregoing reason does not constitute a justifiable reason under the interpretation of the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court Decision

Application of Statutes

1. Article 88 (1) 1 of the relevant Act on criminal facts;