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(영문) 대구지방법원 2018.11.29 2018고단3534

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in active duty service.

On May 3, 2018, the Defendant received a notice of enlistment under the name of the head of the Daegu-do Military Manpower Administration and the head of the Daegu-do Military Manpower Administration and the head of the 15 association located in Seocheon-do, that he would enlist in the 63 Dong-gu dong-gu, Daegu-do Gyeongbuk District Military Manpower Administration on June 4, 2018.

Nevertheless, without justifiable grounds, the defendant did not enlist in the military for three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The main sentence of Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. Even though the Defendant had been sentenced to a fine of KRW 500,000 due to a violation of the Military Service Act due to the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution, it is not good that the Defendant failed to enlist on the fixed date without good cause.

However, if the defendant recognizes the crime of this case, he will faithfully fulfill his duty of military service.

The punishment shall be determined as ordered in consideration of the age, sex, environment, circumstances before and after the crime, etc. of the accused.