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(영문) 수원지방법원 2018.05.15 2018고단1257

병역법위반

Text

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

Reasons

Criminal facts

On November 24, 2017, the Defendant received a notice of enlistment in active duty service under the name of the head of the Gyeong-do Military Affairs Administration to enlistment in the 21st Army Association located in Yang-gu, Gangwon-do from the Defendant’s home located in the 1103 Dong 103 Dong 103 to December 26, 2017.

Nevertheless, without justifiable grounds, the defendant did not enlist in the military for more than three days from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Notification of additional enlistment in active duty service, the list of enlistment not in active duty service, and the application of statutes on the progress of delivery;

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.