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(영문) 서울동부지방법원 2017.09.28 2017노1095

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is the same date of entry, but since the military unit received the notice of enlistment in active duty service and the notice of enlistment in full-time reserve service at the same time, there are justifiable grounds for not enlistment.

2. According to the evidence adopted by the lower court and the trial court, the Defendant was originally enlisted in active duty service but was sentenced to two years of suspension of six months of imprisonment for fraud on September 7, 2016, and the above judgment became final and conclusive on September 20, 2016, the Defendant was selected as a full-time reserve caller on November 10, 2016. The Defendant received a notice of selection of a full-time reserve caller on November 14, 2016, stating that he was selected as a full-time reserve caller. The Defendant received the notice of enlistment on November 15, 2016, on the same date as the enlistment date was the same on December 12, 2016, but the military unit received the notice of enlistment with another active duty serviceman on the same date, and the Defendant had to know that he had not received the notice of enlistment on the grounds that two military units were not dispatched to the Military Manpower Administration, and thus, the Defendant had to be aware that he had not received the notice of enlistment within three days before being initially selected.

It is reasonable to consider that there is a reasonable reason for the defendant not enlisted in the military.

subsection (b) of this section.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.