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(영문) 대구지방법원 2019.02.12 2018고단5639

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

The Defendant is a person in active duty service.

On August 17, 2018, the defendant directly received a notice of enlistment in active duty service under the name of the director of the Daegu Gyeong-si regional military manpower office in Daegu Gyeong-gu regional military manpower office in 63 located in Daegu dong-gu, Daegu 2018, and "be enlisted as the Army Training Center in Gyeong-si, Seosan-si" in October 2, 2018, and did not enlist after three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation of those violating the Military Service Act, each of the enlistment notice, the delivery details of the enlistment notice, and the application of statutes governing the receipt of the written notice for enlistment 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 (it is not less than the nature of a summary crime, but also the fact that the defendant acknowledges and reflects the crime, that the defendant fulfills his duty of military service by enlistment in active duty service and fulfill his duty of military service, and that the defendant has no criminal punishment power other than a double-use fine);