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(영문) 서울북부지방법원 2015.04.02 2015고단150
병역법위반
Text

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

Reasons

Punishment of the crime

The defendant is a person subject to enlistment in active service.

On November 24, 2014, the Defendant did not enlist in the military on the ground that the Defendant’s house located in Seoul Central District Court C and 1005 Dong 108, to the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, 2014 on December 29, 2014, and received a notice of enlistment in the active duty service under the name of the director of the Seoul Regional Military Manpower Office, but did not serve on the ground that the Defendant is a “novah Witness

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to notify persons subject to enlistment in active service;

1. The reason for sentencing under Article 88(1)1 of the pertinent Act on Criminal Crimes is the first offender with no criminal record, who committed the instant crime under religious faith. When a sentence of imprisonment with prison labor for less than one year and six months or a suspended sentence of such imprisonment with prison labor is imposed on the Defendant, the Defendant would be notified of enlistment at the same time and may repeat the malicious cycle subject to criminal punishment again. In addition, in consideration of the criteria for enlistment in the second citizen service following the sentence of active duty service and the Defendant’s age, character and conduct, environment, and family relationship, the sentence of a minimum sentence that meets the requirements for exemption from military service shall be imposed on the Defendant, and such sentence shall be determined as the order.

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