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(영문) 수원지방법원 2017.05.31 2017고단1855
병역법위반
Text

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

Reasons

Punishment of the crime

Defendant is B’s believers.

On November 2, 2016, the Defendant did not enlist in the Defendant’s house located in C, and “ By November 15, 2016, to the fifth association’s new military personnel training unit” without justifiable grounds until November 18, 2016, upon receipt of the notice of enlistment in the name of the head of the regional military affairs office, and on receipt of the notice of enlistment in the active service under the name of the head of the regional military affairs office.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of additional enlistment in active duty service, application of the natural register of enlistment not in active duty service, and the current status of delivery service;

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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