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(영문) 창원지방법원 진주지원 2014.05.01 2014고단179

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 liable to serve in active duty service.

On August 19, 2013, the Defendant received a written notice of enlistment in active duty service under the name of the director of the regional military manpower office of Gyeongnam-si, that the Defendant will enlist in the 39 company located in Gyeongnam-si, and from October 22, 2013 to 39 companies located in Gyeongnam-si.

Nevertheless, without justifiable grounds, the defendant did not enlist within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes to inquire into domestic registration/explosive mail;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( considered favorable circumstances, such as the fact that a person is starting to commit a self-defense, the fact that there is no criminal record prior to the crime of this case, and that a person is performing military service faithfully after enlistment in the future);