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(영문) 서울남부지방법원 2018.05.09 2018고단487

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person in active duty service.

On November 27, 2017, the Defendant received a muster notice under the name of the head of the Seoul Regional Military Affairs Administration and did not enlist until December 28, 2017, 2017, to the effect that “be enlisted in an association on December 26, 2017,” located in the Military Manpower Administration No. 43-ro 13, Seoul Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and that “be enlisted in an association on December 26, 2017.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing a written accusation and a written notice of enlistment;

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

1. Article 62 (1) of the Criminal Act (including the fact that a person commits a misunderstanding and has no record of the same crime) in the suspension of execution;