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(영문) 부산지방법원 2016.12.15 2016고단6097
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 new witness in women's family, and the person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on June 16, 2016, the Defendant confirmed the notice of enlistment for full-time reserve service in the name of the director of the Busan regional military manpower office to enter the Busan regional military manpower office on August 2, 2016, which was sent to the e-mail address that he uses using his computer, and did not enter the military service by the date three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation, a written statement of a person evading the military service, a written statement of the accuser, a written notice of enlistment in active duty service, and a notice of enlistment for

1. Under the current law, which does not allow the alternative military service system of conscientious objectors based on religious belief on the reason of sentencing sentencing under Article 88(1)1 of the pertinent Act regarding criminal facts, the accused who refuses enlistment is difficult to expect that he will perform the duty of military service, and thus, is sentenced to a minimum punishment meeting the requirements for exemption from military service. However, statutory detention is not possible on the grounds that there is no risk of destruction of evidence or escape.

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