On April 1, 2014, the Defendant received a notice of enlistment in active duty service from May 13, 2014 to the full time reserve of the 50th Team of the Army by e-mail, and did not enlist for more than three days from the date of enlistment without good cause.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to written accusation, written accusation, written statement of accusers, written statement of persons evading military service, written notice of enlistment in the full time reserve service (list and e-mail confirmation screen), notification to the Military Manpower Administration, fact confirmation, certificates of personal seal impression, identification number

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant refused enlistment in active duty service according to one’s religious conscience as a religious believers who is a female witness. This is alleged to the effect that it constitutes “justifiable cause” under Article 88(1) of the Military Service Act and thus, it cannot be deemed that conscientious objection under the above religious conscience constitutes justifiable cause under Article 88(1) of the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004); and the Defendant’s above assertion is rejected.