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(영문) 창원지방법원 2018.06.07 2018고단1025
병역법위반
Text

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

Upon receipt of a notice of enlistment in active duty service, the defendant shall comply with the enlistment within three days from the date of enlistment.

Nevertheless, on December 11, 2017, the Defendant issued a written notice of enlistment under the name of the Gyeongnam District Military Manpower Administration to the 15 association of the Gyeongnam District Military Manpower Education Team in the name of the Gyeongnam District Military Manpower Administration on December 11, 2017 to the delivery agency located in the counter B of Changwon-si, Changwon-si, Changwon-si, the Defendant failed to enlist without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing a written accusation, a written accusation, a written notice of enlistment of a person to be enlisted in active duty service, a receipt of registered mail for such person;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had been punished for a violation of the Military Service Act, was all fines.

The defendant seems to have an attitude to reflect his mistake by recognizing his mistake.

The defendant is currently entering active duty service and faithfully performing military service.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the age, sex, environment, background leading to the crime, and circumstances after the crime.

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