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(영문) 창원지방법원 통영지원 2014.03.27 2013고단1056

병역법위반

Text

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

Reasons

Punishment of the crime

As the believers of religious organizations B, the Defendant is subject to enlistment in active duty service.

Around September 18:30, 2013, the Defendant issued a written enlistment notice under the name of the director of the regional military manpower office of Gyeongnam-si to enter the Army Training Center from 109 to 7 October 2013, 2013, to the Defendant’s home, Danam-si, Danam-si, to the Army Training Center, and did not, without justifiable grounds, enter the military for more than three days from the date of the said enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to notify enlistment in active duty service, and inquire into domestic registration/mail;

1. The punishment against the defendant is inevitable considering the fact that the defendant would not perform his duty of military service in the future under the current law, which does not recognize the alternative military service system for conscientious objectors with the reason of sentencing under Article 88(1)1 of the pertinent Act regarding criminal facts, and thus, the punishment against the defendant is to be imposed. However, there is no criminal record against the defendant, and the defendant refuses enlistment according to his religious belief, and the punishment is to be determined as ordered in consideration of various sentencing conditions indicated in the record, such as the defendant's age, character and behavior, environment, the equity in military service period and other similar cases, the defendant's age, character and behavior, motive of crime, etc.