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(영문) 울산지방법원 2016.12.22 2016고단4082

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

The defendant shall, upon receiving a notice of enlistment from the person subject to enlistment in the full time reserve service, enlist within three days from the date of enlistment.

Nevertheless, the Defendant, at the Defendant’s residence located in Ulsan-gu C and 302 on August 31, 2016, failed to enlist within three days from the date of enlistment without justifiable grounds, even though he received a written notice of enlistment in the name of the director of the Busan regional military manpower office to enlist in the military on October 4, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Accusation against those who evade the enlistment, and enlistment notice;

1. Application of Acts and subordinate statutes on investigation reporting;

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 (see, e.g., circumstances in which the defendant fails to enlist in the military, and the fact that the defendant is undergoing the military service after enlistment in the future