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(영문) 광주지방법원 2020.11.05 2019노1603

병역법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty on the grounds that the defendant's objection to military service contains "justifiable cause" under Article 88 (1) of the Military Service Act. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

2. In light of the following circumstances, the lower court determined that: (a) the Defendant’s conscience, as a “B” believers, is devout, firm, and sincere that the Defendant’s refusal to enlist in active service, appears to be a conscientious objection according to a genuine conscience; (b) recognized the Defendant’s refusal to enlist in active service as “justifiable cause”; and (c) determined that the evidence submitted by the Prosecutor alone is difficult to deem that the Defendant refused enlistment without justifiable cause.

① From the time of the Defendant’s birth, the Defendant, “B” was influenced by her mother and her mother, and entered into a written gender, which was approved as a fluoral pre-divists on November 2006, and began volunteer activities even before that year. On July 14, 2007, when he was 12 years of age, the Defendant was her b’s believers and was her life based on her religious belief.

② The Defendant is currently attending a regular meeting as a member of C, and continues to engage in religious activities by means of transition and volunteer activities, etc., and is working as “D” in particular, for at least 70 hours per month.

③ The Defendant’s senior school life record is prior to the Defendant’s behavior characteristics with the recommendation of her natives who have a strong sense of responsibility with respect to the Defendant’s behavior, namely, her sexual character, having a sense of self-esteem with respect to her behavior, having a sense of self-esteem, and having her influence with all days, leading players in all days, and the high-level good model student with good faith between her superior is strong (first year), “for example,” and “for example, he is a student with a strong sense of responsibility” (second year), and “for example, he is a student with strong sense of responsibility.