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(영문) 수원지방법원 여주지원 2013.09.06 2013고단426
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 believers of a religious organization B, and on February 20, 2013, at the domicile of a female-friendly group D located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul on April 2, 2013, the Defendant did not enlist without justifiable grounds until April 5, 2013, when he received a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-do Military Manpower Administration to enlist in the 306 supplementary unit located in the Dong-dong, Dong-dong, Gyeonggi-gu, Gyeonggi-gu, Seoul on April 2,

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. The reason for sentencing under Article 88(1)1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) to which the Military Service Act and subordinate statutes are applicable, is difficult to expect that the defendant refuses enlistment according to his religious conscience, and thus, is practically unable to fulfill his duty of military service. The defendant is sentenced to the minimum punishment that meets the requirements for exemption from military service under the Enforcement Decree of the Military Service Act, but the defendant is faithfully serving in a trial, taking into account the fact that the defendant is faithfully serving in a trial, a court restraint shall not be imposed on the defendant.

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