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(영문) 제주지방법원 2014.01.28 2013고단1703

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person subject to enlistment in active duty service. On September 25, 2013, he received a written enlistment notice from the defendant's house B and 201 at the time of Jeju on September 25, 201 to the Army Training Center on October 14, 2013, and did not enlist for three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement to be prepared;

1. Application of Acts and subordinate statutes to enlistment notice and a copy of mail receipt;

1. Relevant Act on criminal facts: Article 88 (1) 1 of the Military Service Act;

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the reasons for sentencing): The facts of crime are recognized and the intention to enlist in the future is expressed; the circumstances unfavorable to the fact that there are no other criminal records except for those subject to a fine for injury in 2009 (700,000): the defendant was enlisted in the Army Training Center from December 2, 2010 to the crime of this case (the defendant was able to return home again after being enlisted in the Army Training Center, but he was classified as the subject of a follow-up physical examination but has no anything else as a result of the follow-up physical examination): It is so decided as per Disposition on the grounds above the age, family relationship, etc. of the defendant