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(영문) 창원지방법원 통영지원 2015.04.22 2015고단33
병역법위반
Text

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

Reasons

Criminal facts

The defendant, who is a person subject to enlistment in active service, is a new witness of Fhovah, and on October 18, 2014, "be enlisted in B apartment 117 Dong 1005 from 117 Dong 1005 to 102 on December 9, 2014" was not directly confirmed in the name of the director general of the regional military manpower office in the name of Gyeongnam Military Manpower Administration and did not enlist until three days after the date of enlistment.

As a result, the defendant did not enlist in the military without any justifiable reason even after receiving a written enlistment notice.

Summary of Evidence

1. Defendant's legal statement;

1. A written enlistment notice;

1. Application of Acts and subordinate statutes to a written accusation or a written accusation;

1. According to Article 88(1)1 of the pertinent Act regarding criminal facts, the defendant's reason for sentencing under Article 88(1)1 of the Military Service Act refuses military service on the grounds of religion and conscience; the defendant has no criminal record; according to Article 5 of the Military Service Act and Article 136(1)2 of the Enforcement Decree of the Military Service Act, the defendant can be transferred to the second citizen service in the future only when he is sentenced to the maximum imprisonment of one year and six months; the defendant can be transferred to the second citizen service; equity with the punishment for those who refuse military service on the same ground as the defendant; the defendant's age, character and behavior, intelligence and environment, family relationship, means and result; and the conditions of sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime

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