The defendant is a person who believed a religious organization B to be enlisted in active service.

A person who has received a written notice of enlistment in active duty service shall not be enlisted for the enlistment for the period of three days without justifiable grounds, but the Defendant did not enlist for the period of three days after religious reasons, despite that he received a written notice from the director of the Incheon Gyeonggi-do regional military manpower office to enlist in the 37 shooting group located in Chungcheongnam-do, Chungcheongnam-do on November 13, 2012 from his mother at his home on October 13, 2012, the Defendant did not enlist for the period of three days without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

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

1. As to the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that the refusal of military service according to a religious conscience according to the rights derived from the freedom of conscience under Article 18 of the International Covenant on Civil and Political Rights and Article 19 of the Constitution constitutes justifiable grounds.

However, the "justifiable cause" of Article 88 (1) of the Military Service Act, which is a punishment provision for evading enlistment, is, in principle, premised on the existence of abstract military service and the confirmation of its performance itself. However, it should 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 specific duty of military service is guaranteed by the Constitution of the Republic of Korea, and furthermore, even if the right of the non-performance of the specific duty of military service is recognized as having superior constitutional value capable of the legislative purpose of the above provision, if punished by the application of Article 88 (1) of the Military Service Act, it