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(영문) 대구지방법원 서부지원 2019.07.18 2018고단3047

병역법위반

Text

A defendant shall be punished by imprisonment for 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

A person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

On June 12, 2018, the Defendant was subject to enlistment in full-time reserve service at the 50th class on June 12, 2018, and received a written notice to enlistment from Mad on May 13, 2018 from Mad on June 12, 2018, the Defendant did not enlist until three days after the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (related to service of a written notice for enlistment);

1. Enlistment notice;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 88 (1) 1 of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognizes the crime of this case and faithfully executes military service, it is the primary offender who has no record of criminal punishment, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime and circumstances after the crime shall be determined as ordered by the sentence in consideration of all the conditions of sentencing as shown in the arguments of this case.