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(영문) 수원지방법원 2019.10.15 2019고단4135

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Upon receipt of a notice of call-up to be enlisted for active duty service, the defendant shall comply with the call within three days from the date of call-up.

Nevertheless, on July 12, 2018, the Defendant visited the Gyeongwon-si regional military manpower office located in 120 in Suwon-si, Suwon-si, to enlist in the Army Training Center on August 13, 2018, and did not respond to the call without justifiable grounds by not later than three days after the date of call, although the Defendant directly received a written notice of enlistment in the name of the director of the regional military manpower office, to be enlisted in the Army Training Center.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing a written accusation, a year list of persons not enlisted in active service, and a receipt of written enlistment notice;

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 (Considerations, such as the one in which he commits an error, the one in which he enters the army, and the first one);