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(영문) 서울중앙지방법원 2015.11.26 2015고단5723

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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

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

Nevertheless, on June 19, 2015, the defendant, at around 17:31, 2015, did not respond to the enlistment without justifiable grounds by the date on which three days have elapsed from the date of enlistment, even though he directly received a written notice of enlistment under the name of the director of the Seoul regional military manpower office from July 21, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation, written accusation, and notification of a person subject to separate enlistment in active service;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., taking into account that the opportunity is being faithfully served if given);