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(영문) 수원지방법원 2019.06.14 2018노6065
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Defendant’s refusal to serve in the military on the grounds of religious conscience does not constitute justifiable grounds under Article 88(1) of the Military Service Act.

Judgment

For the reasons indicated in its holding, the lower court acquitted the Defendant on the grounds that the Defendant’s refusal to enlist had justifiable grounds under Article 88(1) of the Military Service Act, and the evidence submitted by the Prosecutor alone cannot be deemed as having proved to the extent that there is no reasonable doubt.

According to the records, the above judgment of the court below is just, and there is no error in the misapprehension of legal principles as argued by the prosecutor.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit

(However, in accordance with Article 25 (1) of the Regulation on Criminal Procedure, the part of the "E" in the third and fourth deeds of the judgment of the court below shall be corrected to "F", and the part of the "person responsible for military service" in the third and sixth deeds to "person liable for military service", respectively.

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