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(영문) 수원지방법원 안양지원 2019.04.26 2019고단287

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 becomes final and conclusive.

Reasons

Punishment of the crime

When a person subject to enlistment in the Army Training Center receives a written notice of enlistment, he/she shall comply with the convocation within three days from the call.

Despite the fact that the Defendant is a person subject to enlistment in active service, the Defendant did not respond to the call without justifiable grounds by the date on which three days have elapsed from the date of call, even though he received a notice of convening the regional military manpower office to call the Army Training Center No. 519-way as of December 24, 2018 from the Defendant’s residence located in Ansan-gu, Ansan-si B around November 14, 2018 to December 24, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written accusation, and a details of receipt of the notice;

1. Application of Acts and subordinate statutes to each investigation report (the verification of the counter-party to the accusation person C and the submission of relevant data, and further verification as C).

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the reflection of gender, the support for active duty service in the Navy, and the enlistment in the future, and the absence of other criminal records except for two-time criminal records of a fine for this type);