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(영문) 춘천지방법원 영월지원 2018.01.23 2017고단528

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant is a person subject to enlistment in active duty service.

Although the Defendant received a written notice of enlistment in active duty service under the name of the head of the Incheon Military Branch Office, to the effect that, around August 24, 2017, the Defendant was serving in the Gangwon-gun Apartment Group C Apartment, and the spouse D from around 101, Dong 809, to “be enlisted in the 51 association’s new military training unit on September 25, 2017,” the Defendant 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. Statement made by the police against D;

1. A written accusation of E;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The punishment is determined as ordered in consideration of the favorable circumstances such as the defendant's recognition of the crime of this case for the reason of sentencing under Article 88 (1) 1 of the pertinent Act regarding the crime of this case, the circumstance that the defendant committed the crime of this case even though he/she was in the period of probation for the same crime, and other unfavorable circumstances such as the defendant's age, sex, sex, environment, family relationship, motive and consequence of the crime, and circumstances that form the conditions of sentencing as shown in the record, such as the circumstances after the crime.