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(영문) 대구지방법원 2020.05.12 2020고단59

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

Any person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, the Defendant, at around 15:24 October 14, 2019, received the notice of enlistment in active duty service under the name of the director of the Daegu-do regional military manpower office on November 4, 2019, “Sacheon-si B apartment C through the Army Training Center” and failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Notification of enlistment in active duty service and application of statutes on the progress of delivery;

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 - The intention to be enlisted in the future is expressed in the suspension of execution.

- there is no same electric power;

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.