beta
(영문) 울산지방법원 2015.09.10 2015고단1103

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

A defendant shall be subject to enlistment in active duty service and a person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, on December 21, 2014, the Defendant received a written notice of enlistment in active duty service under the name of the director of the Busan Regional Military Manpower Office to enlist in the Nam-gu District Military Manpower Office on March 31, 2015, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing a written accusation or a written notice of enlistment in active duty service;

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

1. Determination of the same sentence as the order shall be made, in consideration of the fact that the punishment is imposed twice on the grounds of the suspended sentence under Article 62(1) of the Criminal Act, and there is no record of crime in excess of the punishment, and that enlistment is performed in the army as the order is