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(영문) 서울북부지방법원 2016.12.15 2015고단4307

병역법위반

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around July 13, 2015, at the Defendant’s office located in Dobong-gu Seoul Metropolitan Government, sent a notice of enlistment in the military training center located in 504, as of August 10, 2015, to the Army Training Center located in 504, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-do, without justifiable grounds, to the Defendant’s birth in the active service under the name of the head of the Seoul Regional Military Manpower Office D, and the Defendant did not enlist until August 23, 2015, for which three days have passed from

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the accusation and E statement;

1. Application of Acts and subordinate statutes, such as a copy of written notice of enlistment in active duty service and details of delivery;

1. Article 88(1)1 of the former Military Service Act (Amended by Act No. 14183, May 29, 2016) on criminal facts

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no criminal history and the defendant