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(영문) 서울서부지방법원 2015.08.19 2013고단482
병역법위반
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

From November 2, 2012 to December 3, 2012, the Defendant received a notice of enlistment in the Army Training Center in the name of the head of the Gyeonggi-do Military Manpower Branch Office for enlistment in the Army Training Center located in the Geumsan-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and did not perform the enlistment on the ground that he was a woman and a witness by the date three days after the date of enlistment.

Accordingly, the defendant did not enlistment in active service without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. The receiver of the registration of enlistment notice (the defendant's refusal to enlist in active duty service as a witness with a religious conscience, and thus, the defendant's refusal to enlist in active duty service constitutes justifiable grounds under Article 88 (1) of the Military Service Act, but the defendant's religious conscience does not constitute justifiable grounds under Article 88 (1) of the Military Service Act, and it is difficult to view that conscientious objection according to the defendant's religious conscience falls under justifiable grounds

1. The grounds for sentencing under Article 88(1)1 of the relevant Act regarding criminal facts are primary offenders, and the enlistment is refused according to religious conscience, and the punishment is determined as ordered in consideration of the age, character and conduct, environment, etc. of the defendant and other various sentencing conditions as shown in the pleadings of this case, such as the age, character and conduct, etc. of the defendant.

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