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(영문) 수원지방법원 2018.03.27 2017고단8379

병역법위반

Text

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

Reasons

Criminal facts

The defendant is a witness of Hohovah and is a person subject to separate enlistment in active duty service.

The Defendant, in around November 6, 2017, issued a notice of enlistment in active service under the name of the head of the regional military affairs office, to the Gyeongwon-si Military Manpower Administration located in Suwon-si, Suwon District Military Manpower Administration by November 13, 2017, and the Defendant failed to enlist for the period of three days from the date of enlistment without justifiable grounds, even though he received a notice of enlistment in active service under the name of the head of the regional military affairs office.

Summary of Evidence

1. Partial statement of the defendant;

1. B written statements;

1. Notice of additional enlistment in active duty service, list of those not enlisted in active duty service, certificate of receipt of enlistment notice, certificate of fact, and certificate of identification number;

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

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.