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(영문) 서울북부지방법원 2013.04.18 2013고단350

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 person who is a new religious organization B and is subject to enlistment in active duty service.

The Defendant, around September 26, 2012, sent a written notice of enlistment in active duty service under the name of the director of the Seoul Regional Military Manpower Office to enlistment in the 306 supplementary unit located in the city of the Government, from October 30, 2012, which was the Defendant’s house around September 26, 2012, but failed to enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. According to the current law that does not allow the alternative military service system to a conscientious objector on the grounds of sentencing under Article 88(1)1 of the pertinent Act regarding criminal facts, a sentence shall be imposed on the defendant according to the current law, and the minimum term of punishment that meets the requirements for exemption from military service shall be set, taking into account all the factors of sentencing, including the fact that the defendant is faithfully living without any criminal power and led to the instant crime