beta
(영문) 수원지방법원 안산지원 2016.10.20 2016고단3297

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

A defendant, who is a person subject to enlistment in active duty service, was enlisted in the Army Training Center in the name of the director general of the Daegu-si regional military manpower office in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, Busan-si, from March 4, 2013 to March 25, 2013, but was given a notice of enlistment in the Army Training Center in the name of the director general of the Daegu-gu regional military manpower office in order to enlist in the military,

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act or subordinate statute to include a written accusation, written accusation, written notice of enlistment in active duty service, written notice of enlistment and written notification of enlistment in active duty service;

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

1. Article 62 (1) of the Criminal Act;

1. We decide to suspend the execution of imprisonment with prison labor, setting the period of punishment like the order and taking into account all the circumstances, such as the fact that the defendant appears not to have evaded military service with the intention of sentencing under Article 62-2 of the Probation Criminal Act, and that the defendant's economic activity would have led to the crime of this case while performing active duty service, and that he will be engaged in active

It is so decided as per Disposition for the above reasons.