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(영문) 인천지방법원 2014.11.27 2014고단7690

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 is a person in active duty service.

On May 30, 2014, the Defendant did not enlist in the military training center located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, 103 Dong 109, while the Defendant “to be enlisted in the military training center located in the Geumnam-si, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, 2014” upon receipt of a notice of enlistment in the active duty service under the name of the director of the regional military manpower office of the Incheon Gyeonggi-do, without justifiable grounds even after the date of enlistment

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

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

1. The reasoning for sentencing under Article 88(1)1 of the pertinent Act on criminal facts is that the defendant refuses to enlist according to his religious conscience, and the defendant is the first offender. However, even though the alternative military service system has not been established up to now, considering the fact that the defendant was judged not to perform his duty of military service, the defendant shall be determined and sentenced to the lowest sentence that meets the requirements for exemption from military service as stated in the disposition, but the statutory detention should not be made.