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(영문) 부산지방법원 2016.09.30 2016고단2368
병역법위반
Text

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

Reasons

Punishment of the crime

On April 16, 2016, the Defendant was subject to enlistment in active duty service and did not respond to the call without justifiable grounds by not later than three days after the date of call-up, which was issued by the Administrator of the Military Affairs Administration in the name of the head of the Busan Regional Military Affairs Administration on April 19, 2016, to enlistment from the mother of the Defendant as a supplement to the 102 supplement located in the Yongsan-gu, Cheongcheon-gu, Gangwon-do.

[Defendant asserts to the effect that there are justifiable grounds for refusing enlistment by refusing enlistment according to one’s conscience that refuses violence.

However, under the current law, the purport of evidence is that conscientious objection is not recognized as a justifiable ground for refusing enlistment, and such assertion is not acceptable.

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the accusation, a written receipt of enlistment notice, and opinions on conscientious objection;

1. Article 88 (1) of the relevant Act on criminal facts;

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