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(영문) 수원지방법원 2017.05.16 2017고단118
병역법위반
Text

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

Reasons

Criminal facts

The defendant is a religious religious believers B.

On June 2016, the Defendant received the notice of enlistment in active duty service under the name of the head of the regional military affairs office, and failed to enlist on December 2, 2016, when three days have elapsed since the date of enlistment, by means of text message from the Defendant’s office located in Yeongdeungpo-gu C building and the Defendant’s office located in D, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. To refer to the notice of enlistment in active duty service, the list of enlisted persons who have not enlisted in active duty service, and e-mail;

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

1. Article 88(1)1 of the pertinent Act on criminal facts (the interpretation of the Constitution and the Military Service Act does not mean that the refusal of enlistment on the ground of conscience and religious freedom does not constitute justifiable grounds under Article 88(1) of the Military Service Act) of the same Act on the grounds of sentencing, where a defendant is sentenced to imprisonment with prison labor or a suspended sentence for less than one year and six months under the current Act on the grounds of sentencing, the defendant will be notified of enlistment at any time, and the malicious cycle that is subject to criminal punishment due to refusal of the performance of military service is likely to be repeated, and the defendant shall be sentenced to a minimum punishment that meets the requirements

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.

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