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(영문) 대전지방법원 공주지원 2018.05.04 2018고단60

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant, as a person subject to enlistment in active service, received a written notice of enlistment in active service under the name of the head of the Military Manpower Administration in Daejeon Chungcheongnam-nam District Military Manpower Administration to enlist in the Army Training Center located in B around October 20, 2017 from the Defendant’s house located in the Gongju-si, Gongju-si on November 20, 2017. On November 22, 2017, the Defendant asserted that he would delay enlistment without any justifiable reason while refusing enlistment, returning home, and failed to enlist without justifiable grounds by the date on which three days elapse from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Receipt of a enlistment notice, and application of the Acts and subordinate statutes regarding military register;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (with regard to the fact that a person for whom the person for whom the person for whom the person for whom the person for whom the person for whom