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(영문) 서울동부지방법원 2015.04.09 2015고단339
병역법위반
Text

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

Reasons

Punishment of the crime

When a person eligible for a call-up notice of social work personnel is received, he/she shall comply with the call-up within three days.

Notwithstanding that the Defendant is a person subject to call-up to social work personnel service, on November 17, 2014, the Defendant failed to respond to call-up without justifiable grounds by no later than three days from the date of call-up, even though he received a notice of call-up under the name of the director of the Seoul regional military manpower office, from the 2nd floor of the 85 temnae-ro, Seoul Special Metropolitan City, to November 27, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes governing receipt of notice;

1. The reason for sentencing under Article 88(1)2 of the relevant Act regarding criminal facts is that the defendant refuses military service on the grounds of religion and conscience, that the defendant has no criminal power, and that it would be unreasonable to impose the defendant a duty to enlist in the military or call again on the defendant in light of the nature of the instant crime or the possibility of changing the defendant's belief, and that it would be unreasonable to impose a duty to enlist in the military or call again on the defendant for the same reason, taking into account equity with the punishment for those who refuse military service on the grounds of the defendant's age, character and behavior, environment, and circumstances after the instant crime, etc., as indicated in the arguments of the case

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