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(영문) 부산지방법원 서부지원 2018.07.06 2018고단601

병역법위반

Text

A defendant shall be punished by imprisonment for six 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

Despite being enlisted in active duty service, the Defendant did not respond to the call without justifiable grounds by December 20, 2017, at the Defendant’s residence located in Busan, Seodong-gu B, Busan, and by January 23, 2018, “to enlist in accordance with the 35 association new illness training in the Yandong-gu, the Yandong-gun, Jeollabuk-do, Jeollabuk-do, Jeollabuk-do, by January 23, 2018.”

Summary of Evidence

1. Statement by the defendant in court;

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

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 (including the fact that the defendant is able to faithfully perform the duty of military service and the fact that there is no criminal record, etc., taking into account various factors of sentencing, including the defendant's age and sexual behavior);