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(영문) 수원지방법원 2017.05.16 2017고단79

병역법위반

Text

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

Reasons

Criminal facts

Defendant is B’s believers.

On October 18, 2016, the Defendant received a written notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of the Gyeongin-si, Suwon District Office C and D through e-mail at the Defendant’s office located in Suwon-si, Suwon-si, and the Defendant’s office, and did not immediately enlist until December 16, 2016, for which three days have passed from the date of enlistment, even if he received the written notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of the Gyeongin-si.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. A written notice of enlistment in active duty service, a list of those who have not enlisted in active duty service, and a e-mail notice;

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.