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(영문) 서울동부지방법원 2015.03.26 2015고단23
병역법위반
Text

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

Reasons

Punishment of the crime

On October 30, 2014, the Defendant, as a person subject to enlistment in active duty service, received by Defendant C at the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government, G and 701, on December 9, 2014, failed to enlist in the military without justifiable grounds despite the mother of the Seoul regional military manpower office’s notice of enlistment in active duty service under the name of the Seoul regional military manpower office.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes to documents concerning enlistment in active duty service, written notice of enlistment and written notice;

1. The reason for sentencing under Article 88(1)1 of the relevant Act regarding criminal facts is that the defendant refuses military service on the grounds of religion and conscience, that the defendant has no criminal power, and that it would be unreasonable to impose the defendant a duty to enlist in the military or call again on the defendant in light of the nature of the instant crime or the possibility of changing the defendant's belief, and that it would be unreasonable to impose a duty to enlist in the military or call again on the defendant for the same reason, taking into account equity with the punishment for those who refuse military service on the grounds of the defendant, the defendant's age, character and character, environment, and circumstances after the crime, etc., as indicated in the instant argument

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