병역법위반
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.
Punishment of the crime
The Defendant, as a person subject to separate enlistment in active duty service, was the Defendant’s father B, around November 2, 2016, to be enlisted in the Army Training Center located in Seo-gu, Gwangju on November 28, 2016, received a written notice of enlistment under the name of the director of the regional military manpower office in Gwangju, and delivered the Defendant around November 7, 2016, but the Defendant did not, without good cause, enlist by no later than three days after the date of call-up.
Summary of Evidence
1. Partial statement of the defendant;
1. B written statements;
1. The defendant's defense counsel for the issuance of registration and the certificate of military register provides that "a notice of obligation for military service shall be served not later than 30 days prior to the date on which the duty for military service is performed" under Article 6 (2) of the Military Service Act. Nevertheless, the notice of obligation for military service in this case is unlawful since it was not served not later than 30 days prior to the date of
Even if the defendant's violation of the Military Service Act is not established, the defendant can not be established.
The above provision of the Military Service Act provides that "A person subject to separate enlistment under Article 21 of the former Enforcement Decree of the Military Service Act (amended by Presidential Decree No. 28905, May 28, 2018) shall not be applied to this case as a provision newly established by Act No. 15054, Nov. 28, 2017, which was enforced from May 29, 2018." According to Article 21 of the former Enforcement Decree of the Military Service Act (amended by Presidential Decree No. 28905, May 28, 2018), the director of the regional military manpower office shall deliver a written notice of enlistment to the person subject to enlistment in active duty service at least 30 days before the date of enlistment (paragraph (1)), and for a person subject to enlistment in active duty service under Article 20, the service period of the written notice of enlistment in active duty service may be shortened (paragraph (2)).