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(영문) 대구지방법원 2018.04.13 2017고단6091

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 26, 2017, the Defendant received a written notice of enlistment in active duty service to enlist in the Army Training Center on October 10, 2017 from the Daegu-gu Military Manpower Administration located within the 63-dong-gu, Daegu-gu, Daegu-gu, 2017, and failed to enlist in the military after the lapse of three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes, such as a written accusation, notice of enlistment in active duty service, adjustment of the date of enlistment in active duty service, receipt of notice of enlistment, and confirmation

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that there are grounds for considering the failure to enlist in the military, such as the fact that the defendant actually resided in the area of Suwon, there is no history of criminal punishment against the defendant, and that the defendant is against the defendant, and he will be admitted to the military after he received the punishment

Considering the fact that it is different, etc., the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the defendant, shall be determined as the sentence.