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(영문) 의정부지방법원 2014.02.14 2013고단4426

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person in active duty service.

On October 30, 2013, the Defendant issued a notice of enlistment in the name of the head of the Gyeonggi-do Military Manpower Branch Office, which was located in the Gyeonggi-do District Military Manpower Branch Office 76, to the Army Training Center on November 11, 2013, and did not, without good cause, enlist until November 14, 2013 after three days from the date of enlistment, even if the Defendant directly received the notice of enlistment in the name of the head of the Gyeonggi Northern Military Manpower Branch Office.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. B written statements;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice in active duty service;

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 (Consideration to the fact that the defendant is the first offender and is performing military service);