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(영문) 인천지방법원 2014.03.27 2013고단8524
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person liable for military service and was subject to call.

On March 16, 2010, the Defendant was enlisted in the 35th unit of the Incheon Bupyeong-gu B apartment 205 Dong 904, which was sent by the Military Manpower Administration through his mother C through his mother C, and received basic military training and service as public duty personnel at the Office of Education of Incheon Metropolitan City, which received a notice of call to public duty personnel service. On April 20, 2010, the Defendant was aware of the fact of call through the Military Manpower Administration’s employees, but did not enlist within three days from the above enlistment date without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. It is so decided as per Disposition by the assent of all participating Justices, in light of the following: (a) the Defendant’s confession of the facts of crime and reflects his mistake; (b) there is room for somewhat taking into account the motive of the crime; and (c) the Defendant is performing the duty in good faith.

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