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(영문) 부산지방법원 서부지원 2020.02.14 2019고단1531

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person subject to enlistment in the full time reserve service of 50 association teams.

On April 23, 2019, the Defendant received a written notice of enlistment in the name of the director of the Daegu-do regional military manpower office to enlist in the building B, and the Defendant’s house located in subparagraph C, and to the 50 company located in the 183 North-Gu, Daegu-Gu, Nowon-gu, 183, Daegu-gu, 2019, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of the accuser and his spouse;

1. Investigation report (a copy of the notice of enlistment for full time reserve service);

1. Notice of enlistment in the full time reserve service, list of notified persons, progress of delivery, and current status of delivery;

1. Application of the statutes on text, content, SNS photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was well aware of the date on which he was enlisted in active service and that the defendant was not enlisted in active service, considering the current situation where the two Koreas are replaced, the importance of performing the duty of military service is that the defendant is disadvantageous to

However, considering the fact that the defendant has led to a criminal act in the judgment of the defendant, and the fact that the defendant was the first offender.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.