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(영문) 수원지방법원안산지원 2020.09.24 2019고단4356
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, even though the defendant received a notice of enlistment in the military training center in the name of the defendant's mother D on July 31, 2019 from the defendant's house located in Ansan-si, the defendant's house located in Ansan-si, and the defendant's house located in the defendant's house located in the defendant's house located in Ansan-si, and as of August 19, 2019, the defendant was not enlisted within three days from the above date of enlistment without justifiable grounds.

Summary of Evidence

1. Application of Acts and subordinate statutes concerning registered mail delivery information to the accused, a written accusation, a written accusation, a copy of additional enlistment notice, or a written accusation;

1. Article 88(1)1 of the former Military Service Act (Amended by Act No. 16852, Dec. 31, 2019) regarding criminal facts

1. Although the suspended execution of punishment under Article 62(1) of the Criminal Act is not minor in light of the purpose, content, and degree of violation of the offense, the Defendant’s performance of duty of military service is deemed to have committed a crime, and the Defendant’s age, character and conduct, environment, motive, means and consequence of a crime, and the circumstances after a crime, etc., as indicated in the instant records and arguments, shall be comprehensively considered in light of the following factors.

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