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(영문) 수원지방법원 2019.08.23 2019노1275
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) shall not be deemed that the defendant has justifiable grounds as provided in Article 88(1) of the Military Service Act;

Nevertheless, the lower court erred by misapprehending the facts.

2. The lower court rendered a not-guilty verdict on the instant facts charged on the ground that the Defendant had “justifiable cause” under Article 88(1) of the Military Service Act.

The following circumstances revealed through the evidence duly adopted and examined by the original court and the trial court. In other words, the defendant was forced to undergo an invasion on February 27, 2016, but he participated in various religious assemblies and volunteer activities conducted by the members of the D religious organization from the time when he was forced to undergo criminal punishment until now, and the defendant did not seem to have any violent inclination against religious belief during his entrance into the elementary, middle, and high schools, and ③ the defendant was not drafted as a new religious organization as well as the defendant did not receive a written enlistment notice, and was indicted for that reason, and the judgment became final and conclusive. In light of the following circumstances, the lower court’s judgment is justifiable, and the evidence added to the trial court (the result of the response to the order to submit documents to various Internet games) also cannot be deemed to have been erroneous as alleged by the prosecutor, and the lower court did not err by misapprehending the facts alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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