The defendant is a person subject to enlistment in active service.

On August 20, 2014, the Defendant received the written enlistment notice under the name of the director of the Seoul regional military manpower office to the effect that “In the Army Training Center located in Seongdong-gu Seoul Metropolitan Government, Chungcheongnamsan, the Defendant will be enlisted before August 25, 2014” from the Defendant’s office located in Seongdong-gu Seoul Metropolitan Government.

Nevertheless, the Defendant did not enlist in the military without any justifiable reason from August 25, 2014, which is a fake date, to the expiration of three days.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to accusation, investigation report (verification of the fact of enlistment notice), domestic registration inquiry and inquiry report;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts that he is not guilty on the ground that the Defendant’s refusal of enlistment in active duty service based on a religious conscience constitutes “justifiable cause” as prescribed by Article 88(1) of the Military Service Act, which constitutes a religious believers, a female witness, refused enlistment in active duty service according to his religious conscience.

However, it cannot be deemed that a religious conscientious objection constitutes justifiable cause under Article 88(1) of the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is rejected.