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(영문) 부산지방법원 2013.11.28 2013고정4673
병역법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, “2013 High 4673,” is a person liable for military service, who is entitled to the call for military force mobilization.

On May 3, 2013, the Defendant was notified of a call for military force mobilization training under the name of the director of the Busan regional military manpower office that he would undergo military force mobilization training conducted in the base support unit for the air force education company from June 17, 2013 to June 19, 2013 at the office of the Defendant located in Seo-gu Busan, but failed to enlist on the designated date without justifiable grounds.

The defendant of "2013 High Court 5379" is a member of the homeland reserve forces belonging to the Seo-gu, Busan Metropolitan Government.

On May 15, 2013, the Defendant, on June 3, 2013, received a notice of a call-up for training in the name of the fourth unit commander of the Army 6339, which was conducted at the training site of the 4th unit of the Army 6339 unit in the Army on June 3, 2013 at the training site of the 4th unit of the Army on June 3, 2013, but was unable to participate in the training without justifiable grounds.

Summary of Evidence

[2013 High Court Decision 4673]

1. Partial statement of the defendant;

1. A written accusation, parcel-post conference (2013, fixed 5379);

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to accusations and copies of a notice of call for training;

1. Relevant provisions of relevant Acts concerning facts constituting an offense, Article 90 (1) of the Military Service Act that is subject to the selection of punishment, Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant asserts that the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act is not guilty on the ground that the Defendant’s refusal of training according to religious faith constitutes justifiable grounds under Article 90(1) of the Military Service Act and Article 15(9) of the Establishment of Homeland Reserve Forces Act.

In principle, “justifiable cause” under Article 90(1) of the Military Service Act, and Article 15(9)1 of the Establishment of Homeland Reserve Forces Act is “justifiable cause.”

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