The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant cannot be punished for violating the Military Service Act on the ground that there is “justifiable cause” that the Defendant did not enlist in the military after the receipt of the notice of call-up to the public interest service personnel even after the lapse of three days from the call date, and the lower court convicted the Defendant of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts or

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, “justifiable cause” under 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 recognition of its performance itself; Provided, That the reason that can justify the non-performance of the military service specified by the decision of the Commissioner of the Military Manpower Administration, such as illness,

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004) comprehensively based on the above legal doctrine, the following circumstances acknowledged by the lower court by comprehensively taking account of the evidence duly adopted and examined by the lower court, namely, ① the Defendant had already received a notice of convening a regional military manpower office on March 15, 2013, “work as a member of the regional military manpower office at Suwon-si Office on March 18, 2013” and delayed the call-up date on May 20, 2013 after being adjusted on May 20, 2013 on the ground that the call-up date was adjusted on May 20, 2013, and the call-up date was postponed on August 12, 2013 on the ground that the hospitalization due to a fire extinguishing disease was postponed on August 20, 2013, ② the Defendant visited the call-up of the Incheon regional military manpower office as a member of the regional military manpower office on March 21, 2013.