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(영문) 의정부지방법원 고양지원 2017.04.14 2016고단3627

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

A person who has received a written notice of enlistment in active duty service shall enlist within three days from the date of entry, and shall not be enlisted without justifiable grounds.

Nevertheless, on November 24, 2015, the Defendant enlistment into the Seoul Military Manpower Administration on December 8, 2015, 43-gil 13, an incorporated association of the Army on December 8, 2015 at the Seoul Military Manpower Administration.

“A person who received a notice of enlistment in active duty service but failed to enlist within 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 the Acts and subordinate statutes to receive the notice of enlistment in active duty service, and notify persons subject to separate enlistment;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for suspended execution reflects the defendant's wrongness, the absence of the same kind of power, the enlistment in the future to faithfully complete military service, and the circumstances of the crime shall be taken into consideration;