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(영문) 광주지방법원 순천지원 2020.06.24 2019고단2886

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 becomes final and conclusive.

Reasons

Punishment of the crime

No person who has received a notice of enlistment in active duty service or of a call-up shall refuse to enlist in the military or respond to a call-up within three days from the date of enlistment or call-up without justifiable grounds.

On June 25, 2019, the Defendant, as a person eligible for call-up to social work personnel, received a notice of call-up for military education from the 39th volunteer soldier group located in 8444, as he/she was called-up to the Military Manpower Administration on July 8, 2019, but did not comply with the call-up without justifiable grounds by the date on which three days have passed since the date of call-up.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Investigation report (attached to a notice of call for training, etc.);

1. Application of Acts and subordinate statutes governing military register inquiry;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Code of the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Code (see, e., the fact that a subsequent notification of convening a meeting is being issued at an erroneous time, and that there is no past