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(영문) 수원지방법원 안양지원 2020.07.23 2020고단810

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

Although the Defendant, as a person subject to enlistment in active duty service on February 5, 2020, received directly a written notice of enlistment in active duty service on March 10, 2020 from the Gyeongwon-si (Seoul Regional Military Manpower Office) located in 120, Suwon-si, Suwon-si, the Defendant failed to enlist for the period of three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. The application of Acts and subordinate statutes to the military register of persons not enlisted in active service, the written draft of the defendant's legal statement B, the additional enlistment notice, the receipt of enlistment notice

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

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the defendant shall not be subject to punishment in light of the details and degree of the crime committed, but the defendant's performance of his duty of military service is against the first offender who has no record of committing any crime, and