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(영문) 전주지방법원 군산지원 2013.11.20 2013고단1174

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in active duty service, and the defendant is a father at his own residential area located in Ansan-gu C or 102 on July 24, 2013 and the same year as D, his father.

8. To six persons, a notice of enlistment in active service in the name of the director general of the regional military manpower office prior to North Korea was sent to the 35th new troops training center; and

However, without justifiable grounds, the defendant did not enlist within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to an accusation, a copy of enlistment notice in active duty service, and a domestic parcel check;

1. Article 88 (1) 1 of the Act applicable to facts constituting an offense and Article 88 (1) of the Military Service Act selected as a penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant is divided in depth by mistake, and that the defendant is entering the future and faithfully fulfill his duty of military service, and that the defendant has no criminal record or imprisonment without prison labor or any heavier punishment);