beta
(영문) 창원지방법원 밀양지원 2017.08.10 2017고단41

병역법위반

Text

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

Reasons

Punishment of the crime

On October 25, 2016, the Defendant did not enter the military service without justifiable grounds, even though he received a notice of enlistment to guide the enlistment according to the military education of the 37 association Shin-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, by December 27, 2016, and by December 14:00, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of statutes governing enlistment in active duty service;

1. The main text of Article 88(1)1 of the relevant Act on Criminal Crimes provides that Article 88(1) of the Military Service Act [the so-called "public service objection under one's conscience" does not violate the Constitution (see Constitutional Court Order 2008Hun-Ga22, Aug. 30, 201). The Supreme Court ruled that the conscientious objection under one's conscience does not constitute "justifiable cause" as provided for the exception of punishment under the above provision. The right to exempt the objectors under one's conscience from application of the above provision under Article 18 of the International Covenant on Civil and Political Rights, and that even if the United Nations Commission on Freedom of Law proposed a recommendation, this does not constitute imprisonment with prison labor for not more than 204Do2967, Jul. 15, 2004 and the defendant's assertion that the defendant is subject to suspended sentence after being sentenced to imprisonment with prison labor or for not more than 18 years prior to the enlistment of the defendant, is not acceptable (see Supreme Court Decision 2006Do178, Jul. 16, 2007).