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(영문) 대구지방법원 서부지원 2020.05.07 2019고단262

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

No person who has received a notice of enlistment in active duty service shall enlist in the army without justifiable grounds within three days from the date of enlistment.

On November 6, 2018, the Defendant received a notice of enlistment in active duty service under the name of the director of the Daegu-Gyeongbuk-do regional military manpower office to enlistment in the army on December 11, 2018, from the Daegu-gu regional military manpower office on December 11, 2018, the Defendant did not enter the army for three days after the date of enlistment without justifiable grounds, for the period of three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A certificate of enlistment notice, and receipt of notification of enlistment for full-time reserve service;

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, and other factors such as the defendant's age, character and conduct, environment, family relation, means and result of the crime, and circumstances after the crime are considered, the punishment as ordered shall be determined in light of the overall sentencing conditions as shown in the arguments of this case