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(영문) 서울북부지방법원 2015.04.15 2015고단185

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 new witness in Jehovah and is a person subject to enlistment in active duty service.

around November 10, 2014, the Defendant received a muster notice from the Defendant’s office located in Seoul Special Metropolitan City, Nowon-gu, 707 Dong 705 to the Army Training Center on December 15, 2014, and failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes of written confirmation;

1. Although it is inevitable to punish a defendant under the current law without any special exception to alternative military service for sentencing for a person who refuses to enlist in active service on the ground of religious belief, even though considering the international rules on the Constitution, citizens, and political rights, under the current law that does not provide for alternative military service for sentencing for a person who refuses to enlist in active service on the ground of religious belief, it is difficult to expect the performance of military service due to the unique characteristics of a religious belief cited by a defendant. Since it is harsh to repeatedly determine a punishment again for a defendant who again serves as the object of enlistment and repeats punishment, the defendant shall be sentenced to a punishment equivalent to that of the defendant in consideration of the above circumstances.