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(영문) 수원지방법원 2018.01.31 2017고단269

병역법위반

Text

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

Reasons

Punishment of the crime

Defendant is a person subject to enlistment in active duty service.

On October 20, 2016, the Defendant sent a notice of enlistment in active duty service under the name of the head of the Military Manpower Administration in the name of the Defendant’s e-mail and confirmed that he received electronic delivery of the notice of enlistment in active duty service on December 16, 2016, which was sent by the Superintendent of the Military Manpower Administration from the Defendant’s house located in the Young-gu Office B building C in Suwon-si, Suwon-si, the Defendant did not, without justifiable grounds, enlist until December 16, 2016, when three days have passed since the date of call, from the date of call.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. A list of enlisted persons not enlisted in active duty service, and a written e-mail inquiry about imposition of military duty;

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

1. The reason for sentencing under Article 88(1) of the pertinent Act on criminal facts (the interpretation of the Constitution and the Military Service Act does not mean that refusal of enlistment on the ground of conscience and religious freedom constitutes justifiable grounds under Article 88(1) of the Military Service Act) of the same Act on the ground that, in the event a sentence of imprisonment with prison labor or a suspended sentence of less than one year and six months is imposed on the defendant, the defendant would be notified of enlistment at any time and the defendant would be subject to criminal punishment due to the refusal of the second discharge of the duty of military service, and the defendant would be subject to the requirement for exemption from military service.

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.