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(영문) 서울중앙지방법원 2015.01.15 2014고단8700

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 18, 2014, the Defendant received a notice of enlistment in active duty service under the name of the director of the Incheon Gyeonggi-do regional military manpower office to enlistment in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do on October 6, 2014 from the Defendant’s house in Gangnam-gu, Seoul, 402, and failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a written accusation, military register inquiry, domestic registration inquiry, and notification of enlistment in active service;

1. The main sentence of Article 88 (1) 1 of the relevant Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;