logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.11.05 2019노2048
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty on the grounds that the defendant's objection to military service contains "justifiable cause" under Article 88 (1) of the Military Service Act. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

2. In light of the following circumstances, the lower court determined that the Defendant’s conscience, as a believers of “B religious organization”, is devout, firm, and sincere that the Defendant’s refusal to enlist in active service, appears to be a conscientious objection according to a religious doctrine. As such, it is reasonable to deem that the Defendant’s refusal to enlist in active service was a conscientious objection according to a genuine conscience, and that the evidence submitted by the Prosecutor alone was difficult to view that the Defendant refused enlistment without a justifiable reason.

① From the time of the Defendant’s signing, the Defendant entered into a religious document with the influence of the father, who was a “B religious organization”, and began volunteer activities even before being approved as a divesist, around September 2007. On December 18, 2010, the Defendant was 15 years old, and was able to engage in her religious activity, and was she was a “B religious organization” and her life based on that religious belief.

(2) The defendant is currently attending a regular meeting as a member of E and is engaged in religious activities by continuously engaging in transition and volunteer activities, etc.

③ In the Defendant’s senior school life record, the Defendant’s behavior characteristics are as follows: (a) with respect to the Defendant’s behavior characteristics, “the relationship of friendship with his/her friendship with his/her friendship with his/her friendship by understanding of his/her nature. He/she faithfully performs his/her duties and takes into account his/her friendship by a positive accident; (b) with respect to his/her behavior, he/she is a student who is trusted trust with his/her class students on the attitude that he/she is growing to be a student who faithfully and impliedly performs the work assigned to him/her; and (c) with respect to his/her behavior. However, he/she is able to view it as a student with good inner aspect and with very emotional stability.

arrow