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(영문) 수원지방법원 2021.02.10 2020고단7542

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

On November 4, 2017, the Defendant directly received a written notice of enlistment under the name of the head of the Military Affairs Administration in Daegu-gu, that he will enlist in an association located in Daegu-gu from around December 12, 2017 at the Defendant’s residence located in Suwon-si B building C, Suwon-si around November 4, 2017, but failed to enlist without good cause even after three days from December 12, 2017, which is the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. The president of the accusation of the head of the Daegu Regional Military Affairs Administration;

1. A written statement that is the accusation of D;

1. Application of statutes on the progress of postal delivery;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant recognized the instant crime and performed his duty of military service; the defendant has been punished by a fine for violating the Military Service Act; and the defendant's age, sexual conduct, environment, motive for committing a crime, circumstances after committing a crime, etc., which are shown in the pleading of the instant case, shall be determined as ordered by taking into account the following factors: