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(영문) 창원지방법원 통영지원 2016.03.29 2016고단89

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

Anyone who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, the Defendant, as a person subject to enlistment in active duty service (in reserve service), did not enlist for three days from the date of enlistment, even though he received a written notice of enlistment under the name of the head of the regional military affairs administration of Gyeong-gun, Gyeong-gun, Chungcheongnam-gun, Gyeong-si to 39 association on December 1, 2015, in his dwelling area located in Dong-si C and 404 around October 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the details of receipt of accusation reports and enlistment notices;

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 suspension of execution (which is against the defendant);

It is so decided as per Disposition for the reason that the military service is faithfully performed.