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(영문) 수원지방법원 안양지원 2016.06.03 2016고단76

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person in active duty service.

On October 7, 2015, the Defendant received a written notice of enlistment under the name of the head of the Military Affairs Administration in the name of the head of the Dong-gu Military Affairs Administration and the head of the Dong-gu Military Affairs Administration to enlistment from the Defendant’s house located in Ansan-si, Ansan-si, to December 1, 2015, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The grounds for sentencing under Article 88(1)1 of the pertinent Act on criminal facts [unfair circumstances] of the Military Service Act [Article 88(1)1 of the same Act] Inasmuch as the defendant commits the same kind of crime during the period of suspension of execution (or a favorable circumstance], the defendant's mistake is against the defendant's age, sex behavior, family relationship, etc.