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(영문) 대구지방법원 김천지원 2019.08.14 2019고단29

병역법위반

Text

A defendant shall be punished by imprisonment for six 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

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, the Defendant directly received a written notice of enlistment in the name of the director of the Daegu High Military Manpower Office to enlistment in the Daegu High Military Manpower Office located within the dong-gu, Daegu High Military Manpower Office around August 13, 2018, and in the 15 company of the Daegu High Military Manpower Office on September 17, 2018, 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 to a written accusation and a written notice of enlistment in active duty service;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the Criminal Act shall be taken into consideration, such as the cases of being hospitalized due to alcohol addiction, the family relationship, such as young children, the cases of recognizing and reflecting wrong facts, and

1. Article 62-2 (1) of the Criminal Act on probation and community service order;