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(영문) 부산지방법원 2015.11.04 2015고단4597

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 becomes final and conclusive.

Reasons

Punishment of the crime

Upon receipt of a notice of enlistment in active duty service, a person subject to enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, on May 1, 2015, the Defendant received a written notice of enlistment in active duty service from a person in charge of enlistment in the military training center in the Dong-dong Busan District Military Manpower Office of Busan, Dong-dong, Busan, by May 18, 2015, and did not enlist for three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the accuser;

1. A written accusation;

1. Adjustment of the date of enlistment in active duty service, and notification thereof, and application of statutes governing receipt of enlistment notice;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act, as it reflects the fact