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(영문) 수원지방법원 2017.09.06 2017고단4703
병역법위반
Text

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

Reasons

Punishment of the crime

Upon receipt of a notice of enlistment in active duty service, a person subject to enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, on May 8, 2017, the defendant is in the house of the defendant located in G in Young-gu, Young-gu, Young-si on the same year.

6. Until May 1, 200, the Plaintiff did not directly receive a notice of enlistment in the active service under the name of the head of the Military Affairs Administration in the territory of the 53th Army and did not enlist within 3 days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes regarding the register of enlistment in active service, and registration inquiries;

1. Article 88(1)1 of the pertinent Act on criminal facts cannot be deemed as constituting justifiable grounds under Article 88(1)1 of the Military Service Act [the refusal of enlistment on the grounds of conscience and freedom of religion under the interpretation of the Constitution of the Republic of Korea and the Military Service Act cannot be deemed as constituting 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 subject to criminal punishment due to refusal of the performance

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