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(영문) 대구지방법원 서부지원 2018.11.28 2018고단829

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in active duty service.

Despite the fact that a person who has received a notice of enlistment in active duty service or a call-up notice fails to enlist in the military or fails to respond to the call even though three days from the date of entering the military or call-up without justifiable grounds, the Defendant failed to enlist in the first association without justifiable grounds even though he received a notice of enlistment to enlist in the military service in the Daegu-gu Gyeongdong Military Manpower Administration on December 14, 2017 at the Daegu-gu Gyeongdong Military Manpower Administration on January 22, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt for enlistment in active duty service;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act, although the defendant has the same criminal history as the defendant, that the defendant is against the time of committing the crime in this case, that the defendant has to perform military service in the future, and