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(영문) 서울동부지방법원 2019.09.02 2019고단1119
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

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

No person who has received a notice of enlistment in active duty service or of call-up shall refuse the enlistment or call-up without justifiable grounds.

On January 28, 2019, the Defendant visited the Seoul Regional Military Manpower Office (Seoul Regional Military Manpower Office), which was located in Seocheon-gu, Yeongdeungpo-gu, Seoul, about 13-ro 43, to enlist in the active service, and received directly a notice of enlistment under the name of the director of the Seoul Regional Military Manpower Office ordering the enlistment in the 15 company located in Seocheon-do, Gangwon-do as of March 4, 2019, but failed to enlist without justifiable grounds until March 7, 2019, for which three days have passed from

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

1. The suspension period of the execution of imprisonment with prison labor for the same kind of crime for the reason of sentencing under Article 88(1)1 of the Military Service Act concerning criminal facts;

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