On May 20, 2013, the Defendant received a notice of entry into active duty service in the name of the director of the Daegu North Korean military manpower office, demanding the Defendant to enlist in the 50 company building located in the Daegu North Korean territory, Daegu North Korean territory, as of July 16, 2013.

Nevertheless, the defendant did not enlist in the military even three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of the Acts and subordinate statutes governing postal delivery;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant refused to enlist in active duty service according to a religious conscience. This assertion constitutes “justifiable cause” under Article 88(1) of the Military Service Act. However, conscientious objection according to a religious conscience may not be deemed to include justifiable cause under Article 88(1) of the same Act (see, e.g., Supreme Court Decision 2004Do2965, Jul. 15, 2004). Therefore, the Defendant’s above assertion is without merit.