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(영문) 수원지방법원 2014.03.26 2013고단6788

병역법위반

Text

A defendant shall be punished by imprisonment for a term of one and half years.

Reasons

Punishment of the crime

Although the Defendant directly received a notice of enlistment in the name of the director of the Incheon Gyeonggi-do regional military manpower office on November 12, 2013, that “be enlisted in the army in the 306 Supplementary Zone located in the Dong-dong of the Government of Jung-gu, Jung-gu, Incheon-si on October 10, 2013” from the Defendant’s office located in 303 Dong-dong 805, the Defendant did not enlist in the army by not later than three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. The Defendant’s assertion and the reason for sentencing as to the Defendant’s assertion regarding the enlistment notice under Article 88(1)1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) that applies to the receipt of the enlistment notice is a new “D religious organization” and the Defendant’s assertion to the effect that “justifiable cause” under Article 88(1) of the Military Service Act exists if conscientious objection is a right protected by the Constitution, the citizens, and the international rules on political rights. However, the Defendant’s assertion that the foregoing reason is alleged by the Defendant does not constitute “justifiable cause” under the interpretation of the current Constitution, the Military Service Act, etc. (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004; Constitutional Court Order 2008Hun-Ga22, Aug. 30, 2011).

However, in light of the grounds for refusing the enlistment of the accused, equity with other similar cases, and other circumstances requiring the sentencing specified in the records of this case, the sentence as per the Disposition shall be determined as ordered, and the accused shall not be detained until the judgment is rendered without detention and the decision of the accused is made upon his will.

It is so decided as per Disposition for the above reasons.