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(영문) 인천지방법원 2013.08.06 2013고단2139

병역법위반

Text

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

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

Reasons

Punishment of the crime

Despite the fact that a person who has received a notice of enlistment in active duty service must enlist within three days from the date of enlistment, the defendant, as a person to be enlisted in active duty service, did not directly receive a notice of enlistment in active duty service under the name of the director general of Incheon and Gyeonggi Military Manpower Office, stating that he will be enlisted in active duty service within three days from the date of enlistment, from the defendant's residence located in the Nam-gu Incheon Metropolitan City B apartment 1, B apartment 301, Dong-dong 301 on April 2, 2013 at the time of the government of the Gyeonggi-do around 14:00 on April 2

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing the receipt of a written accusation, written accusation, military register inquiry, and written notice;

1. Article 88 (1) 1 of the relevant Act on criminal facts;

1. The suspended sentence shall be sentenced in consideration of the following: (a) the defendant for the reason of sentencing under Article 62(1) of the Criminal Act led to the confession of the crime of this case; (b) only one previous criminal record of a fine; (c) the defendant is expected to enlist in the future; and (d) the age and environment of