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(영문) 서울남부지방법원 2013.11.12 2013고단3252

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person subject to enlistment in active duty service on February 22, 2013, failed to enlist without justifiable grounds until March 7, 2013 after three days from the date of enlistment, even though he received a written notice of enlistment under the name of the director of the Seoul Regional Military Manpower Office to enlist in the Army Training Center located in the Seoul Regional Military Manpower Office and the Office of Military Manpower Office up to 14:00 on March 4, 2013 from the date of enlistment in the Army Training Center located in the Gyeonggi-si Seoul Regional Military Manpower Office by March 14, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice in active duty service;

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

1. Article 62 (1) of the Criminal Act (Calculation into the point where he commits an error and fulfills his duty of military service);