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(영문) 대구지방법원포항지원 2020.11.26 2020고단1091

병역법위반

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person who has received a notice of enlistment in active duty service shall enlist without justifiable grounds within three days from the date of enlistment.

Although the Defendant was determined as subject to class-III enlistment in active service on December 18, 2017 and received a written notice to enlistment from the seventh Group of the Army on May 27, 2020 to the seventh Group of the Army on June 30, 2020, the Defendant did not enlist without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the list of those subject to adjustment after enlistment in active service;

1. Application of Acts and subordinate statutes governing receipt certificates;

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 (Consideration of the fact that he/she carries out the future service in good faith as he/she commits an error);

1. Social service order under Article 62-2 of the Criminal Act;