beta
(영문) 부산지방법원 서부지원 2018.02.21 2017고단1846

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

Around August 26, 2017, the Defendant, a person subject to enlistment in active duty service, was the Defendant’s house located in Busan Northern District B, and the “be enlisted in the 27 association located in Seocheon-gun, Gangwon-do, Gangwon-do, Seoul-do,” and the Defendant evaded enlistment on September 29, 2017, on the ground that the Defendant’s notice of enlistment in active duty service under the name of the head of the Military Affairs Administration of Busan District, was delivered through the Defendant’s co-ordinor or C, but was delivered through the Defendant’s co-ordinor, without good cause, and was exempted from enlistment without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to notify the additional enlistment in active duty service, the current status of delivery, and the late enlistment reporter;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do139, Jun. 1, 201>