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(영문) 광주지방법원 2013.11.07 2013고단3980
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

except that 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

On March 21, 2013, the Defendant, as a person subject to enlistment in active service, failed to enlist without justifiable grounds until March 29, 2013, when three days have passed from the date of enlistment, even though he received a notice of enlistment in the name of the director of the regional military manpower office in Gwangju-gu, Gwangju-dong, to enlist in the 31st Team on March 26, 2013 at the regional military manpower office in Gwangju-dong, Gwangju-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Certificate of receipt of the enlistment notice;

1. Application of Acts and subordinate statutes on the annual list of persons who have not been drafted;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, who was a person subject to enlistment in active service, failed to enlist several times without good cause, but failed to enlist in the military. The first time is that there was no record of punishment for other crimes, and that the defendant is willing to enlist without repeating the same crime, and the punishment is determined as ordered by the order.

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