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(영문) 인천지방법원 2016.02.11 2015고단8031

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As a person subject to enlistment in active duty service, the Defendant, on November 21, 2014, received a notice of enlistment in the 306 supplementary unit located at the time of the Government of Bupyeong-gu Incheon, Bupyeong-gu, Incheon on December 23, 2014, to enlistment in the 306 supplementary unit, and did not, without justifiable grounds, enlist within three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into military register;

1. Application of Acts and subordinate statutes concerning a written accusation, a written accusation, and documents related to enlistment notice;

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 (i.e., the first offender who has no record of punishment and the entry into and departure from the military);