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(영문) 수원지방법원 2019.07.26 2018노8242
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal shall not be deemed that the defendant has justifiable grounds under Article 88 (1) of the Military Service Act;

Nevertheless, the lower court erred by misapprehending the facts.

2. The lower court rendered a not-guilty verdict on the instant facts charged on the ground that the Defendant had “justifiable cause” under Article 88(1) of the Military Service Act.

In light of the following circumstances revealed through the evidence duly adopted and examined by the court below and the court below, i.e., the defendant participates in various religious assemblies and volunteer activities conducted by the members of the B religious organization from the time when he was committed to the past, ii) the defendant did not have any past record of criminal punishment, and did not show any violent tendency opposite to a religious belief during his entrance at the elementary, middle, and high school, and iii) the records that the defendant had expressed violent games even in the order to submit documents against various Internet game companies in the court below, the judgment of the court below is just, and the court below did not err by mistake of facts as to justifiable grounds, as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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