beta
(영문) 전주지방법원 2019.05.23 2018고단2553

병역법위반

Text

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

However, 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

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

Even though the Defendant received a notice of enlistment in the name of the director of the regional military manpower office in the name of the Chungcheongnam-gu Military Manpower Office on October 15, 2018, to the effect that he will be enlisted in the Army Training Center by October 14, 2018 from the defendant's office located in Chungcheongnam-gu, Seoul District Court on October 15, 2018, the Defendant did not enter the army for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of accuser C;

1. Application of a written accusation, a written notice of additional enlistment, a notice of enlistment, a delivery details, and a certified copy or abstract of resident registration record cards;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (see, e.g., the grounds for sentencing) should be punished strictly by the act of neglecting the people’s duty with respect to national defense and military service.

The Defendant is obliged to make a confession and reflect on the instant crime, and to perform his duty of national defense.

Defendant is an initial offender who has no criminal record.

Other circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, family relationship, motive and consequence of the crime, and circumstances after the crime.