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(영문) 수원지방법원 여주지원 2020.02.03 2019고단1130
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes 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, the Defendant, on September 19, 2019, did not directly receive a notice of enlistment in the active service under the name of the director general of the Gyeonggi-do regional military manpower office, and did not enlist within three days from the date of enlistment without justifiable grounds, even though he did not directly receive a notice of enlistment in the active service under the name of the director general of the Gyeonggi-do regional military manpower office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accuser;

1. Date of enlistment in active service, and suggestion of adjustment;

1. Application of Acts and subordinate statutes of a certified copy of enlistment notice;

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

1. As the defendant with reasons for sentencing under Article 62(1) of the Criminal Act in the suspension of execution has evaded enlistment in active service without justifiable grounds, it is inevitable to punish the defendant accordingly.

However, the defendant is deemed to have evaded enlistment for the purpose of maintaining his livelihood because both parents died and the dongs were hearing impaired, and there is no record of criminal punishment.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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