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(영문) 수원지방법원 2017.11.17 2017고단4903
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 new witness with women and is a person subject to enlistment in active duty service.

On May 10, 2017, the Defendant was given a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of the Gyeong-gu Office of the Republic of Korea to enlistment in the Army Training Center located in Suwon-si B B lending 102, and on June 19, 2017, the Defendant did not enlistment for the period of three days from the date of enlistment, even though he was given a notice of enlistment in active duty service under the name of the head of the Military Affairs Administration.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. A written accusation and a written accusation;

1. Notification of additional enlistment in active duty service, list of enlistment not enlisted in active duty service, inquiry into domestic mail registration, copy of notification sent to the Military Manpower Administration, and application of Acts and subordinate statutes to confirm facts;

1. Article 88(1)1 of the pertinent Act on criminal facts (see, e.g., Constitutional Court and the Military Service Act, the refusal of enlistment on the ground of conscience and religious freedom cannot be deemed as a justifiable ground under Article 88(1) of the Military Service Act in interpreting the provisions of the Constitution and the Military Service Act);

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