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(영문) 서울동부지방법원 2018.06.05 2018고정187

병역법위반

Text

The defendant shall be innocent.

Reasons

1. The gist of the facts charged in this case is that the Defendant is a person subject to military service mobilization training.

From August 17, 2017 to September 19, 2017, the Defendant failed to enlist on the designated date without justifiable grounds, even though he received a notice of convening a call for military force mobilization training under the name of the head of the Seoul Regional Military Affairs Administration, to participate in military force mobilization training conducted at the training site 967, Yeung-ro, Yeung-ro, Seoul Special Metropolitan City, Gwangjin-gu, and Dong 01.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court: (a) the Defendant intentionally committed an act not to enlist in the military against the Defendant, taking into account: (b) the Defendant, by mistake, went to the training site of the Geumdong Reserve Forces, which was not the training site of Shin Yol in order to undergo mobilization training on September 19, 2017; (c) the Defendant signed and retired on the list of persons who did not report the disease at the time; and (d) the Defendant was in fact diagnosed by acute personality in the department of D Family medicine on September 19, 2017.

It is difficult to see it and there is no evidence to acknowledge it.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting a crime, and thus, a not-guilty verdict is rendered after the latter part of Article 325 of the Criminal Procedure Act, and the summary of this judgment is not publicly announced under the proviso of Article 58(2) of the Criminal Act. It is so decided as per Disposition.