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(영문) 서울중앙지방법원 2015.02.27 2015고단251

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around November 27, 2014, the Defendant received a notice of enlistment in active service under the name of the Seoul director of the Seoul Military Manpower Office to the effect that the Defendant “be enlisted in the Army Training Center in the territory of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, 101 Dong 1108 (B apartment),” but did not enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of accuser C;

1. A written accusation;

1. Application of Acts and subordinate statutes for domestic registered parcel-post inquiries;

1. Article 88 (1) 1 of the relevant Act on criminal facts (a point that fails to enlist without justifiable grounds);

1. It is determined as above for the reasons above, such as the fact that the defendant is against the reason for sentencing under Article 62(1) of the Criminal Act, and that there is no same criminal record.