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(영문) 대구지방법원 2017.03.14 2017고단234

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

The Defendant, as a person subject to enlistment in active service, received a written notice of enlistment in active service under the name of the head of the Gyeong-gu Regional Military Affairs Administration on December 5, 2016, from the date of enlistment in the 30 association located in the Dong-gu, Daegu District Military Manpower Administration, Daegu District Military Manpower Administration on November 15, 2016, to the 30 association from December 5, 2016, but failed to 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 Acts and subordinate statutes governing receipt for enlistment in active duty service;

1. Article 88 (1) 1 of the Criminal Act applicable to the facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment other than a fine per time, and that there is no record of enlistment in the military while making a confession);