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(영문) 창원지방법원 2014.03.19 2014고단226
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 religious organization believers who is subject to enlistment in active duty service.

On August 20, 2013, the Defendant received a written notice of enlistment in the name of the director of the regional military manpower office in the Gyeongnam-si military manpower office to enlist in the military on October 306, 2013 from the Defendant’s office located in the window C of Changwon-si to the Defendant’s mother D through the Defendant’s mother D, and failed to enlist in the military even after three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of statutes governing receipt of written notice of enlistment;

1. As to the Defendant’s assertion on criminal facts under Article 88(1)1 of the pertinent Act, the Defendant asserts to the effect that “justifiable cause” under Article 88(1) of the Military Service Act exists, since the Defendant, as the B church believers, refused military service according to the religious conscience guaranteed by the Constitution.

The above argument by the defendant does not constitute justifiable grounds under the interpretation of the current Constitution and the Military Service Act (see, e.g., Supreme Court en banc Decision 2004Do2965, Jul. 15, 2004). Thus, the above argument cannot be accepted.

It is so decided as per Disposition for the above reasons.

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