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(영문) 대구지방법원 김천지원 2020.06.04 2019고단811

병역법위반

Text

A defendant shall be punished by imprisonment for six 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 received a notice of enlistment in active duty service under the name of the director of the regional military manpower office in the Daegu-gu regional military manpower office and the 63th regional military manpower office in Daegu-gu on January 16, 2019, and the 12nd group in February 18, 2019, the Defendant did not enlist even after three days have elapsed from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Adjustment of the date of enlistment in active service;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was punished by a fine for a violation of the Military Service Act in 2018; however, the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and the conditions of all the sentencing specified in the arguments in the instant case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, shall be determined by taking into account the following factors.