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(영문) 대전지방법원 2020.04.09 2019고단2660

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

Upon receipt of a written notice of enlistment from among those subject to enlistment in active service, the defendant shall enlist within three days from the date of enlistment.

Nevertheless, on April 5, 2019, the Defendant, at around 10:31 on April 5, 2019, was enlisted for the 37 group in the 37th Ethrari of the Mapyeong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Daejeon, Daejeon, as of May 28, 2019, and failed to enlist without justifiable grounds by the date on which three days elapsed from the date of enlistment, even though he was directly notified of enlistment under the name of the director of the regional military manpower office in the name of

Article 88 of the Military Service Act is a person subject to enlistment in active service, and the defendant is replaced by a "call" term as written in written indictment. The summary of evidence is the summary of evidence.

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation, written accusation, written statement stating the enlistment notice for the full time reserve service added, written notice of enlistment for the full time reserve service, post delivery status, resident registration record card;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Although the defendant decided not to enlist in the military as a person subject to enlistment in active service without justifiable grounds, the sentence shall be determined as ordered in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances favorable to the defendant and the age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that there was no criminal record except for those subject to a fine once due to the violation of the Military Service Act by failing to file a move-in report in the past.