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(영문) 수원지방법원 2017.05.16 2017고단295

병역법위반

Text

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

Reasons

Criminal facts

Defendant is a new taxpayer and is a person subject to enlistment in active duty service.

On September 29, 2016, the Defendant received a notice of enlistment in active duty service under the name of the head of the Gyeong-si Regional Military Affairs Administration on November 14, 2016, through e-mail from the Defendant’s office located in the territory C and D, and did not enlist by the date three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. The defendant's partial statement;

1. Notice of enlistment in active duty service, list of persons not enlisted in active duty service, and E-mail inquiry of a notice of imposition of military service;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 88(1)1 of the pertinent Act on criminal facts (the interpretation of the Constitution and the Military Service Act does not mean that the refusal of enlistment on the ground of conscience and religious freedom does not constitute justifiable grounds under Article 88(1) of the Military Service Act) of the same Act on the grounds of sentencing, where a defendant is sentenced to imprisonment with prison labor or a suspended sentence for less than one year and six months under the current Act on the grounds of sentencing, the defendant will be notified of enlistment at any time, and the malicious cycle that is subject to criminal punishment due to refusal of the performance of military service is likely to be repeated, and the defendant shall be sentenced to a minimum punishment that meets the requirements

Provided, That it is likely that the defendant has destroyed evidence or may flee in light of the fact that the defendant has faithfully committed the investigation and trial procedures.

Since the court's detention is not visible, the court's detention is not possible.