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(영문) 창원지방법원 밀양지원 2017.12.07 2017고단462

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, at around July 17, 2017, was sent to the Defendant’s residence located in Syang-si B, and on August 22, 2017, to the 39 Association New Military Education Team in the name of the head of the Gyeong-nam Regional Military Affairs Administration on August 22, 2017, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds, even though he was given a notice of enlistment in active service under the name of the head of the Gyeong-nam Regional Military Affairs Administration C.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Notification of enlistment in reserve service on August 2017;

1. Application of the statutes governing the progress of delivery;

1. The main text of Article 88(1)1 of the relevant Act on Criminal Facts-Related Act (amended by Act No. 88(1)1 of the Military Service Act (amended by Act No. 8858, Jul. 15, 2004; Act No. 8884, Feb. 29, 2008; Act No. 8884, Feb. 29, 2008; Act No. 8856, Feb. 29, 2008; Act No. 8887, Feb. 29, 2008; Act No. 8877, Feb. 19, 2008; Act No. 8857, Feb. 2007; Act No. 8877, Feb. 28, 2007; Act No. 8855, Feb. 19, 200).

In the event that a sentence of imprisonment with prison labor for the reason of sentencing is imposed or a suspended sentence of imprisonment with prison labor is imposed, the fact that the defendant's refusal to enlist in the military after being notified of enlistment seems to be repeated, and that there is no past record of punishment.