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(영문) 수원지방법원 안산지원 2016.01.13 2015고단2709

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2014, the Defendant received a notice of enlistment in active duty service in the name of the head of the Incheon Gyeonggi-gu Military Affairs Agency, the head of the Military Affairs Administration, from the date of enlistment without justifiable grounds, to the effect that “the Defendant will be enlisted in the 306 supplementary unit located in the Dong-dong, Dong-dong on November 18, 2014” from the Defendant’s house located in the Dong-gu, Ansan-si, Ansan-si, the Defendant did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation issued by the head of the Military Affairs Administration in the Incheon Gyeonggi-do District;

1. A written statement that is the accusation of D;

1. Application of Acts and subordinate statutes to inquiries about military register and inquiries about registration;

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

1. The defendant's age, sex, environment, background of the instant crime, circumstances after the instant crime, etc. are contrary to the reason for sentencing under Article 62 (1) of the Criminal Act, and the enlistment in the military forces;