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(영문) 서울중앙지방법원 2017.05.02 2017고단685

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

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

The Defendant received a written notice of enlistment from the head of the Seoul Regional Military Manpower Administration on October 24, 2016, which was served on around October 4, 2016, to enter the Seoul Gangnam-gu Seoul Apartment-gu 421 Dong 403, and the 30 association new illness training unit, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to enter the enlistment training unit, but without justifiable grounds, the Defendant’s written indictment on October 24, 2016, “. 34, 2016”

In the absence of enlistment within three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes to a written statement of notification, delivery status, and accusation of those on active duty service (full-time reserve service);

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act provides that the defendant, on the grounds of sentencing under Article 62(1) of the suspended sentence, has been placed a prior disposition of suspended sentence even though he was subject to enlistment due to the evasion of enlistment in the previous military, and has again committed this case. Finally, in order to give the opportunity for enlistment, it is ordered as ordered.