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(영문) 수원지방법원 안산지원 2019.05.15 2018고단1722
병역법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person subject to enlistment in active service.

No person shall flee or conceal his whereabouts, with the intention of evading military service or having military service reduced or exempted.

The Defendant, from around 202 to 2010, suspended enlistment three times on the ground of attending a university, etc., and called "a graduate school school is attending, and a student is postponed." However, on March 24, 201, the Defendant responded that the enlistment cannot be postponed because he is attending a master's degree course, not a doctor's degree course. On March 25, 201, the Defendant agreed to visit the Incheon Gyeonggi District Military Manpower Office on April 5, 201 without visiting the Incheon Gyeonggi District Military Manpower Office. However, on March 25, 201, the Defendant agreed to visit the Incheon Gyeonggi District Military Manpower Office to provide guidance about enlistment in active duty service on the part of the Defendant's residence, which was found to have been sought to guide the mandatory enlistment in the military.

On April 24, 2011, the Defendant, at the foregoing residence, was a director C, D, and did not enlist on the date of enlistment scheduled as of May 17, 201. On May 18, 2011, the Defendant re-director E and F in the Gyeonggi Mung-si, and did not enlist on the scheduled date of enlistment. On June 7, 2011, the Defendant did not enlist on the scheduled date of enlistment, and was locked without any contact until now.

Accordingly, the defendant was missing for the purpose of evading or exempting military service duty.

Summary of Evidence

1. A written accusation;

1. Readings from the military register;

1. Each business trip report;

1. Application of Acts and subordinate statutes to report materials investigation;

1. The crime of this case committed on the grounds of sentencing under Article 86 of the Act on the Punishment of Criminal Crimes is deemed as having concealed the whereabouts for the purpose of evading military service duty, and the nature of the crime is bad.

However, in consideration of the fact that the defendant has no criminal history, the defendant's age, character and conduct, environment, family relationship, motive and result of the crime, etc., the punishment as ordered shall be determined.

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