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(영문) 의정부지방법원 고양지원 2015.04.29 2015고단381

병역법위반

Text

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

Reasons

Punishment of the crime

On September 25, 2014, the Defendant received a written notice of enlistment from a person subject to enlistment in active service within three days, but the Defendant, on September 25, 2014, failed to enlist without justifiable grounds by no later than three days after the date of enlistment, on November 4, 2014, to be enlisted in the 306 Supplementary Military Service under the name of the Ministry of Gyeonggi-do Military Manpower and Branch Office of the Gyeonggi-do Branch of Military Manpower Office, which is a citizen of the Defendant’s dwelling in Yongsan-gu, Yongsan-gu, Seoyang-gu., the Defendant’s dwelling in the 1103rd

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes certifying delivery of notice;

1. The Defendant’s assertion on the Defendant’s assertion on criminal facts under Article 88(1)1 of the relevant statutory provisions on the Military Service Act argues to the effect that there exist justifiable grounds for refusing military service according to religious conscience. However, the Defendant’s assertion cannot be accepted on the grounds that the Defendant’s assertion is difficult to deem that there exists justifiable grounds under the Military Service Act solely on the grounds that the Defendant’s assertion is difficult to deem that there exists justifiable grounds under the Military Service Act, given that the South and North Korea’s unique security situation in Korea, issues of loss of military manpower that may arise in the introduction of the alternative military service system, difficulty in examining whether the refusal of military service is based on genuine conscience, and that the introduction of the alternative

The reason for sentencing is that the defendant refuses to enlist in the military according to his religious belief, and the defendant is virtually unable to perform his military duty under the Acts and subordinate statutes of the Republic of Korea.

The current law that does not recognize the alternative military service system for conscientious objectors is inevitable to punish the defendant.

However, according to Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act, the defendant is punished by imprisonment with prison labor for not less than one year and six months.