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(영문) 창원지방법원 2014.03.19 2014고단205

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant was B Shindoin. On October 4, 2013, around 10:28, the defendant was given a notice of enlistment in the military service under the name of the director of the regional military manpower office in the name of the Gyeongdoin-si Office to enlist in the 102 supplementary unit in the military located in the Yongsan-si, Cheongcheon-si, Cheongcheon-si, the 102 additional unit in the military located in the 106 unit of the defendant's office located in the 406 unit of Changwon-si, Changwon-si on November 12, 2013

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes of notification of enlistment in active service;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts to the effect that “justifiable cause” under Article 88(1) of the Military Service Act exists, since the Defendant, as the B church believers, refused military service according to the religious conscience guaranteed by the Constitution.

The above argument by the defendant does not constitute justifiable grounds under the interpretation of the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Thus, the above argument cannot be accepted.

It is so decided as per Disposition for the above reasons.