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(영문) 창원지방법원 2017.02.15 2016고단4447

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, as a person subject to enlistment in active duty service on October 19, 2016, was issued a written notice of enlistment under the name of the head of the Military Affairs Administration of Gyeongnam District Office to enlistment in the Army Training Center on November 14, 2016 through security guards at his own residence located in 411 Dong 702, Dong 702, Kimhae-si, Kimhae-si on October 19, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to file an accusation, notice of enlistment in active duty service, and mail delivery statement;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts is that the Defendant refuses to enlist according to his religious conscience. As such, it is inevitable to punish the Defendant under the current law, which does not recognize the alternative return system for conscientious objectors.

However, the defendant shall be sentenced to the same punishment as the order in consideration of the fact that he/she has caused the crime of this case according to his/her religious conscience and has no criminal record, and even if he/she is sentenced to punishment, there is

No legal detention shall be made because it is not visible.