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(영문) 대구지방법원 포항지원 2016.11.24 2016고단1086
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person in active duty service.

A person who has received a written notice of enlistment in active service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on June 13, 2016, the Defendant directly received a written notice of enlistment in active duty service under the name of the Daegu-do Superintendent General of the Military Manpower Office, and did not enlist within three days from the date of enlistment, without justifiable grounds, at the Defendant’s dwelling place located in the Nam-gu Gyeong-gu Office 301, Nam-gu Maga 301, Nam-gu, Nam-gu, Sinpo-si, Seoul, from July 12, 2016 to 14:00.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and the attached list of persons evading the military service, a written accusation, a written accusation, a notice of enlistment in active duty service, the progress of delivery, a copy of a reply to a request for image of a certificate of delivery by registered mail, and detailed information about

1. Application of Acts and subordinate statutes to each investigation report (a copy of a notice of enlistment in active service; related statement to the person in charge of the Military Manpower Administration for the reduction of the service period

1. There are extenuating circumstances, such as the fact that the defendant's reason for sentencing under Article 88 (1) 1 of the pertinent Act on criminal facts reflects the wrong fact while recognizing the crime, and that he would faithfully comply with the future notice of enlistment when receiving the notice of enlistment.

However, this case is inevitable for the defendant to be sentenced to a suspended sentence for the same type of crime and to be sentenced to a suspended sentence for the reason that he/she is disqualified for the suspended sentence.

Specifically, in determining punishment, various sentencing factors indicated in the records, such as the defendant's age, character and conduct, environment, and circumstances before and after the crime, are considered in addition to the above circumstances.

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