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(영문) 대전지방법원 서산지원 2017.02.09 2016고단745

병역법위반

Text

1. The punishment of the defendant shall be determined by six months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant, who is a person subject to enlistment in active duty service, shall, upon receipt of a notice of enlistment in active duty service, enlist within three days from the date of enlistment.

Nevertheless, on April 2016, the Defendant received through C a notice of enlistment from the Defendant’s residence located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to the Army Training Center until April 25, 2016, and did not, without good cause, enlist within three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. The filing of an accusation, a written accusation, the notice of additional enlistment in active duty service, and the application of statutes governing the progress of postal delivery;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 20