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(영문) 전주지방법원 2016.10.27 2016고단1410

병역법위반

Text

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

Reasons

Criminal facts

The defendant, as a person subject to enlistment in active service, is referred to as "at the house of the defendant in the front city B apartment, and at the house of the defendant in the front city around April 20, 2016."

5. On the 16th anniversary of the receipt of a notice of enlistment in active duty service by the director of the regional military manpower office in North Korea, the 16th anniversary of the 19th anniversary of the 19th anniversary of the 19th anniversary of the 19th anniversary of

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

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

1. The reasoning for judgment and sentencing on the Defendant’s assertion regarding criminal facts under Article 88(1)1 of the pertinent Act regarding the Defendant’s assertion that the Defendant refused military service according to one’s conscience formed by his religious doctrine as a new person of D religious organization. As such, this constitutes “justifiable cause” to refuse military service under the main sentence of Article 88(1) of the Military Service Act.

The freedom of false conscience and religion should be guaranteed to the maximum constitutional right, which is the most fundamental right associated with the mental domain of human beings.

However, if the freedom of conscience or the freedom of religion is simply expressed in the territory of the human body and conflicts with other constitutional values, it cannot be said that the freedom of conscience is always guaranteed on the ground that it is related to the mental area.

Furthermore, it is the basic limitation of the exercise of all fundamental rights, including freedom of conscience and freedom of religion, that the exercise of fundamental rights under the Constitution makes it possible for people to live a community with others within a state community, and should be done within the scope that does not endanger other constitutional values or the legal order of the state.

Therefore, if there is a constitutional legal interest to justify the restriction of conscience and religion, the freedom of conscience and religion can be regarded as a relative freedom that can be restricted by law pursuant to Article 37(2) of the Constitution.

On the other hand, the duty of national defense is national political.