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(영문) 창원지방법원 마산지원 2017.03.28 2017고단110

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Upon receipt of a notice of enlistment in active duty service, a person subject to enlistment in active duty service shall enlist within three days from the date of enlistment.

On December 1, 2016, the Defendant received a written notice of enlistment under the name of the head of the Gyeong-gun Military Affairs and the head of the Gyeong-gun Military Affairs Administration through the mother C to the effect that he shall be admitted from the person in charge of enlistment to the Army Training Center until December 19, 2016 at the Defendant’s residence located in the Haan-gun apartment B and 110 Dong 1302, but did not enlist until three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, a written accusation, a written accusation, a written notice of enlistment in active duty service, a written notice of enlistment in active duty service, a written list of notice of enlistment in active duty service, and a written

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act suspended execution (see, e.g., the violation of the instant crime, and the first offense without any previous criminal record);