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(영문) 광주지방법원 2014.03.21 2014고단185
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 is a witness witness in Jehovahovah.

A person who has received a written notice of enlistment in active service shall enlist in the army within three days from the day on which the day commences, except in extenuating circumstances.

Nevertheless, the Defendant, who had been engaged in public service in Gwangju metropolitan viewing around October 10, 2013, connected to the “Na” website operated by the regional military manpower office in Gwangjunam-si and did not enter the army training center in the name of the director general of the regional military manpower office in Gwangju-si, Chungcheongnam-si, Chungcheongnam-si, and delivered a written notice of enlistment under the name of the director general of the regional military manpower office in Gwangju-si to enlist until November 11, 2013, and did not enter the army without justifiable grounds until three days from the date

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and subordinate statutes;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Article of the Military Service Act, the Defendant refused to enlist in active duty service according to his religious conscience as a believers of a religious person, who is a female witness, which is, pursuant to the Constitution, pursuant to Article 6(1) of the Constitution, the Defendant asserts that: (a) the refusal of military service based on conscience constitutes “justifiable cause” under Article 88(1) of the Military Service Act; and (b) the refusal of military service based on a religious conscience constitutes “justifiable cause” under Article 88(1) of the said Act; and (c) the Defendant is not guilty pursuant to Article 6(1) of the Constitution that has the same effect as that of the Republic of Korea.

Article 18(1) of the International Covenant provides that “any person shall have the right to enjoy the freedom of thought, conscience, and religion. This right includes freedom to hold or accept a religion or belief that he or she may choose, independently or jointly with other persons, and freedom to express his religion or belief by worship, ceremony, event, and missionary work.” However, conscientious objectors are exempted from military service or alternative military service.

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