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(영문) 춘천지방법원 강릉지원 2014.06.25 2013고단815

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, as a person subject to enlistment in active duty service on September 13, 2013, received a written notice of enlistment in the name of the Gangwon-dong Military Manpower Branch Office of Gangwon-gu to enlistment in the 102 Supplementary Zone 22 located in Chuncheon-si from the Defendant’s house located in Samcheon-si, March 13, 2013 to November 16:00, and did not enter the military without justifiable grounds by the date three days have elapsed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes of notification of enlistment in active service;

1. Article 88 (1) of the Military Service Act concerning criminal facts;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as “contributive circumstances”) include the following: (a) the Defendant, as a result of enlistment in active service and faithfully performing his service; (b) the favorable circumstances such as the Defendant’s age, character and conduct, family relation; and (c) the Defendant’s age, character and conduct, circumstances leading to the instant crime; and (d) the following developments, etc.

It is so decided as per Disposition for the above reasons.