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(영문) 수원지방법원 안양지원 2013.03.27 2013고단180

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, as a new-do, is a person to be enlisted in the active duty service as B, and on November 5, 2012, the Defendant was notified of enlistment in the name of the director of the Incheon Gyeonggi-do regional military manpower office to enlistment in the 306 supplementary unit located in the Dong-dong, Mayang-gu, Mayang-si, Mayang-si, Mayang-si, to December 18, 2012, but did not enlist without justifiable grounds until the 21st day of the same month after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes regarding accusation, parcel-post inquiry, and military register inquiries;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts is that the Defendant refuses enlistment according to his religious belief and conscience, that the Defendant has no record of criminal punishment, and that the system has not yet been established despite the need for alternative military service for conscientious objectors.

However, the defendant shows that he did not intend to perform his duty of military service in the future. The defendant shall be sentenced to punishment as ordered by the decision, taking into account the equity with other persons liable for military service who are entering the military and faithfully performing his duty of military service, the period of military service, and other various sentencing conditions as shown in the records of this case, such as the defendant's age, character and conduct, environment, circumstances after committing