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(영문) 수원지방법원 2017.04.12 2017고단120
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 witness witness in Jehovahovah.

On November 3, 2016, the Defendant’s house located in the Defendant’s apartment B No. 106 Dong 102, Dong 106, Dong 102, and the Defendant’s mother C through the Defendant’s mother C to “be enlisted in the Army Training Center located in Busan Metropolitan City by November 28, 2016” did not enter the army without justifiable grounds until December 1, 2016, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of statutes concerning notification of enlistment in active duty service, list of persons not enlisted in active duty service, and receipt of notification of enlistment in active duty service;

1. Article 88(1)1 of the pertinent Act on criminal facts cannot be deemed as constituting justifiable grounds under Article 88(1)1 of the Military Service Act [the refusal of enlistment on the grounds of conscience and freedom of religion under the interpretation of the Constitution of the Republic of Korea and the Military Service Act cannot be deemed as constituting justifiable grounds under Article 88(1) of the Military Service Act] of the same Act on the grounds of sentencing, where a defendant is sentenced to imprisonment with prison labor or a suspended sentence for less than one year and six months under the current Act on the grounds of sentencing, the defendant will be notified of enlistment at any time and the malicious cycle subject to criminal punishment due to refusal of the performance

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