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(영문) 대구지방법원 김천지원 2013.10.16 2013고단1020

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Although a person who has received a notice of enlistment in active duty service must enlist within three days from the date of enlistment, the defendant received the notice of enlistment in the name of the director of the Daegu North Korean regional military manpower office that "is enlisted in the 306 supplementary unit located in the 306 supplementary unit located in the 23-2 Dong-dong, Daegu-dong, Daegu-dong, Daegu-dong, 2013 on June 14, 2013," and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement which is the accuser B;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice in active duty service;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that there is no record of criminal punishment, reflective fact, age, environment, etc. of the defendant);