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(영문) 서울동부지방법원 2019.03.25 2018고단3622

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

Criminal facts

The defendant is a person subject to enlistment in active service.

The Defendant, around July 4, 2018, visited the Seoul regional military manpower office located in the Southern-gu Seoul Metropolitan City military manpower office in the active service enlistment division 13-Do 43-ro, Yeongdeungpo-gu, Seoul regional military manpower office on August 6, 2018, and received directly a notice of enlistment in the name of the director of the Seoul Regional Military Manpower Office to the effect that “be enlisted in the 22 group located in the Gosung-gun, Gosung-gun, Gangwon-do in terms of the nature of the earth and sand of Gangwon-do on August 6, 2018, the Defendant did not immediately

Summary of Evidence

1. The court (third court date) and statement of the defendant (the statement of the defendant in the second trial record);

1. Statement of the accuser;

1. Notification of enlistment in active duty service;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) was that the defendant was issued a summary order of KRW 300,000 for a crime of violating the Military Service Act, which committed a crime of not moving a move-in report under the Resident Registration Act even though he was a person liable for military service and did not move to his place of residence within 14 days without any justifiable reason. The nature of the crime is not good in that the person in charge of the Military Manpower Administration, at the request of the defendant,

However, considering the circumstances favorable to the defendant, such as the fact that the defendant's mistake is divided and when the trial is completed, the mother of the defendant appears to have not enlisted in the military at the scheduled date when the property relations, etc. are organized in relation to the death of the defendant, etc., the circumstances favorable to the defendant should be considered, and the punishment as ordered shall be determined by comprehensively taking into account the various conditions of sentencing as shown in the trial process of this case, such as the age, character and conduct, environment,