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(영문) 인천지방법원 2014.04.24 2014고단1314

병역법위반

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person liable for military service but subject to call.

On August 12, 2013, the Defendant directly received a muster notice under the name of the director of the Incheon Gyeonggi-do regional military manpower office, stating that “The Defendant shall enlist in the Army Training Center by no later than September 26, 2013 and complete basic military training for four weeks” through electronic mail with the Defendant’s consent to receive at the residence located in Gyeyang-gu Incheon Metropolitan City B apartment 319, 303.

Nevertheless, without justifiable reason, the defendant did not respond to the call even after three days from the above list of candidates.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. It shall be decided as per the disposition of the suspended execution on the grounds of not less than Article 62 (1) of the Criminal Act (the point where the enlistment is desired);