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(영문) 대전지방법원 공주지원 2019.05.17 2019고단91
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.

No person who has received a notice of enlistment in active duty service shall refuse to enlist in the army or to respond to the call within three days from the date of enlistment or call without justifiable grounds.

Nevertheless, the Defendant is at the Defendant’s residence located in B around November 13, 2018, and on December 18, 2018, the facts charged in the facts charged are referred to as “ December 8, 2018.” However, the Defendant is correct ex officio because it is a clerical error.

Even though he received a written notice of enlistment in the name of the director general of the Daegu-do regional office of manpower administration to enlistment in five resignations located in the liquidation area of Gyeonggi-do, Gyeonggi-do, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. The defendant asserts to the effect that he refused enlistment in active duty service in order to protect his life on the condition that he is likely to be exposed to violence and cruel acts compared to other soldiers after entering the army, and that such refusal constitutes “justifiable cause” under Article 88(1) of the Military Service Act. However, as the defendant asserts, the circumstance such as the possibility of violence and cruel acts in the military is not a justifiable cause under the Military Service Act. Thus, this part of the allegation is rejected.

1. The reasons for sentencing under Article 88(1)1 of the relevant Act on criminal facts are primary offenders, but the defendant explicitly expresses that he/she does not intend to enlist in the military shall determine the punishment as ordered by the order.

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