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(영문) 수원지방법원 2020.09.04 2020고단1067

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person who has received a muster notice for enlistment in active service shall enlist in the army within three days from the date of enlistment without justifiable grounds.

On October 28, 2019, the Defendant shall be enlisted in active duty service at the third unit of the Army on November 26, 2019, located in the building B in Suwon-si, Suwon-si, and in the dwelling of the Defendant C, the Defendant shall be enlisted in active duty service at the third unit of the Army.

"A soldier did not directly receive the enlistment notice in active duty service, but did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes on additional enlistment notice and delivery confirmation;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1114, Jan. 1, 201; 201Do1114, Feb. 2