beta
(영문) 대전지방법원 2018.04.06 2018고단128

병역법위반

Text

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

The defendant is a person in active duty service.

On September 1, 2017, the Defendant received a notice of enlistment in active duty service in the name of the head of the Daejeon District Military Affairs Administration in Daejeon, Seo-gu, Daejeon, Daejeon, 301 Dong 103, and in the Defendant’s residence located in 301 Dong 103, and “to be enlisted in the military with 15 association located in the documents of Seocheon-do, Gangwon-do on October 16, 2017.”

Nevertheless, without justifiable grounds, the defendant did not enlist in the military for more than three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning the filing of an accusation, a copy of the enlistment notice in active duty service ( September - October), a copy of the list of notified persons, and the progress of delivery;

1. Article 88 (1) 1 of the Military Service Act applicable to criminal facts;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (the conditions favorable to the defendant, such as the fact that the defendant is able to enlist in the army while against his wrong, that the defendant has no record of committing any crime, and that the defendant is receiving medical treatment due to any depression and any disorder of the modern character);