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(영문) 대전지방법원 2014.04.18 2014고단161
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 person subject to enlistment in active duty service, and is a new witness.

On September 26, 2013, the Defendant was enlisted at the office of the Defendant, Seo-gu, Daejeon, Seo-gu, 302, to the 102 Supplementary Zone located in Gangwon-si, Gangwon-do, Gangwon-do on November 12, 2013.

“On the receipt of the notice of enlistment in the name of the director of the Daejeon District Military Manpower Office, he did not enlist even after three days have elapsed from the date of enlistment without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Notices sent to the Military Manpower Administration;

1. Fact-finding certificates;

1. A written accusation;

1. Application of Acts and subordinate statutes governing identification numbers;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on criminal facts reveals the intention of the accused not to perform his duty of military service due to a religious reason, and it is difficult to expect that he will not perform his duty of military service in the future. Thus, a sentence meeting the requirements for exemption from military service shall be imposed in consideration of the fact that there is a possibility of continuous criminal punishment.

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