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(영문) 부산지방법원 동부지원 2018.06.15 2018고단156

병역법위반

Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is a person subject to enlistment in active duty service.

On November 6, 2017, the Defendant received a notice of enlistment in active duty service under the name of the head of the regional military affairs office of Busan and the head of the regional military affairs office, and did not enlist on the date of enlistment for three days after the date of enlistment without justifiable grounds, to the effect that the Defendant, located in Busan Shipping Daegu B B 302, Busan and the Defendant’s residence in the Busan Metropolitan City on December 4, 2017, referred to as “be enlisted in the 30 association Woo-dong, Seoyang-gu, Seoyang-gu.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes to challenge enlistment in active duty service, and a copy of the enlistment notice;

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 stay of execution ( Taking into account the fact that the defendant immediately enters the military and fulfills his military service obligation);