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(영문) 수원지방법원 2017.11.17 2017고단5187

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 new witness of Jehovah, who is subject to enlistment in active duty service.

On June 5, 2017, the Defendant received a written notice of enlistment in active duty service under the name of the head of the regional military affairs administration, and on July 13, 2017, 2017, from the Defendant’s office located in Suwon-si, Suwon-si, Suwon-si, and from July 10, 2017, the Defendant failed to enlist without justifiable grounds until July 13, 2017, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes to the progress of notification delivery, registration transfer register, notification sent to the Military Manpower Administration, fact confirmation certificate, identification number certificate, notification of additional enlistment in active duty service, enlistment in active duty service, and the list of persons not enlisted in active duty

1. Article 88(1)1 of the pertinent Act on criminal facts (see, e.g., Constitutional Court and the Military Service Act, the refusal of enlistment on the ground of conscience and religious freedom cannot be deemed as a justifiable ground under Article 88(1) of the Military Service Act in interpreting the provisions of the Constitution and the Military Service Act);