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(영문) 서울남부지방법원 2020.09.22 2019노1900
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defluence of facts and misapprehension of legal principles) B cannot be deemed as constituting “justifiable cause” as prescribed by Article 88(1) of the Military Service Act. In particular, in the case of a defendant, the defendant took advantage of “E” and “F” games using firearms around August 2012 and around July 2017, and thus, the defendant cannot be deemed as having refused military service in accordance with a religious religion.

2. Determination

A. The lower court determined that ① the Defendant’s father and b money was B, and the Defendant attended a meeting of B with her parents from her mother to her mother, and had been her frighted on May 19, 2013, ② the Defendant continued to attend an assembly and engage in volunteer activities until now after her was her believers; ③ the Defendant received the enlistment notice and received the enlistment notice from the Military Manpower Administration around November 30, 2016, saying “Notice sent to the Military Manpower Administration.” The Defendant did not comply with the Defendant’s religious belief that she would not refuse to enter the military service according to her conscience, and thus, did not comply with the Defendant’s religious belief that was contrary to the religious belief of the Defendant, and that the Defendant, as a member of the Military Service Act from May 2009 to May 19, 2013, presented the Defendant’s religious belief to the lower court.

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