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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2020.06.16 2019노1830
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and misunderstanding of legal principles) by the Defendant alone, even though the materials submitted by the Defendant alone did not recognize that there exists “justifiable cause” under Article 88(1) of the Military Service Act, the lower court acquitted the Defendant of the instant facts charged on the grounds that there exist “justifiable cause”, thereby adversely affecting the conclusion of the judgment.

2. The lower court determined as follows based on the evidence duly adopted and examined: (i) the Defendant entered a written gender with the influence of his parents who were the “E religious organization” upon the lawful adoption of evidence; (ii) on May 15, 2016, upon the Defendant’s growth process, became a religious organization’s believers and had lived with that religious belief; (iii) the Defendant is currently attending an assembly as a member of F, and continues to engage in religious activities by continuing to engage in religious activities and volunteer activities; and (iii) the Defendant submitted to the Military Manpower Administration upon the receipt of the notice of military service to the lower Military Manpower Administration for the following reasons: (i) there was no evidence to acknowledge that there was a pure tendency against the said religious belief during the Defendant’s military service process; and (iv) the Defendant, upon receiving the notice of military service from the former religious organization and the E religious organization’s religious belief, submitted a written confirmation that he would not respond to the call of alternative military service according to one’s conscience; and (iii) there was no evidence to acknowledge that there was a genuine tendency against the military service.

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