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(영문) 서울중앙지방법원 2020.06.02 2019고단588
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

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

On July 4, 2018, the Defendant directly received a written notice of enlistment in active duty service under the name of the director of the Daejeon District Military Manpower Office and the head of the Daejeon District Military Manpower Office, Daejeon District Military Manpower Office, Daejeon, Daejeon, 16:0,00, and from August 6, 2018 to August 14:00, the head of the Daejeon District Military Manpower Office, 140-6, to be enlisted, and did not comply with the enlistment without justifiable grounds, within three days from the date of enlistment.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Application of the written accusation, written statement of accusation, written confirmation, written notice of enlistment, written notice of enlistment, receipt of written notice, and statutes governing the Military Register Inquiry;

1. The grounds for sentencing under Article 88(1)1 of the Act on the Punishment of Criminal Crimes include the fact that the defendant was punished as a fine, the escape and absence of trial. However, the confession of the crime, the motive, means and result of the crime in this case, the circumstances after the crime, the age of the defendant, character and conduct, and family environment, and the overall sentencing conditions indicated in this case are determined as ordered.

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