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(영문) 서울북부지방법원 2013.04.25 2013고단104
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 religious organization believers, and is a person subject to enlistment in active duty service.

On October 17, 2012, the Defendant received a written enlistment notice under the name of the director of the Seoul Central Military Manpower Office in the office of the Defendant on October 17, 2012, through D, and did not, without good cause, enlist within three days from November 27, 2012, which is the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

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

1. Under the current legal system that does not recognize the alternative military service system for conscientious objectors with the reason of sentencing under Article 88(1)1 of the pertinent Act on criminal facts, punishment against the accused is inevitable.

As such, the defendant is sentenced to the punishment of the defendant. It is so decided as per Disposition in consideration of the fact that the defendant committed the crime of this case under his religious belief, that the defendant was the first offender who has no criminal history, and all other circumstances that form the conditions for sentencing, such as the defendant's age and environment.

However, even if a sentence is sentenced, it cannot be seen that the defendant is likely to flee, so the court's detention is not allowed.

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