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(영문) 인천지방법원 2019.10.17 2019고단3405

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 liable for military service.

No person shall flee or conceal his/her whereabouts, with the intention of evading military service or having military service reduced or exempted.

Nevertheless, on April 2018, the defendant moved his residence to the Buddhist land in Michuhol-gu Incheon, Michuhol-gu, Incheon on April 3, 2018, and went away from the military service for the purpose of evading military service.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 86 of the Military Service Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act, which is the basic duty of the people, does not correspond to the punishment for the purpose of evading military service, such as the reduction of whereabouts, for the purpose of evading military service, which is the basic duty of the people. However, considering the favorable circumstances, such as the confession and reflection of the instant crime, the fact that the Defendant is waiting to perform military service, the primary offender, and the fact that the Defendant is the first offender, the punishment shall be determined as ordered by taking into account the following factors: the Defendant’s age, character and conduct, intelligence