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(영문) 인천지방법원 2020.08.12 2020고단212

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

A defendant shall be subject to enlistment in active duty service and a person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, the Defendant, on November 4, 2019, received the enlistment notice in the name of the head of the Incheon Military Manpower Branch Office in the name of the Incheon Military Manpower Branch Office on October 1, 2019, to be enlisted as the Army Training Center located in the Yellow City of Chungcheongnam-gu, Chungcheongnam-gu, Incheon Military Manpower Branch Office on November 1, 2019, but did not enlist for three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant’s legal statement

1. A notification of additional enlistment in active duty service (1.4.) and a list of reported persons for additional enlistment in active duty service and the current status thereof;

1. A written statement and a copy of the results of inquiries into the registry;

1. The application of Acts and subordinate statutes governing the scheduled date of late enlistment in the Army Training Center on November 4, 2019;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2001Do1448, Apr.

1. Social service order under Article 62-2 of the Criminal Act;