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(영문) 창원지방법원 2018.06.08 2018고단814
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is a person subject to enlistment in active duty service.

On January 24, 2018, the Defendant received a notice of enlistment in active duty service under the name of the head of the Gyeongnam Regional Military Affairs Administration in the Gyeongnam Military Manpower Administration, which is located in 13 a 250-gil, from the center of the window of Changwon-si around 2018, “A response to enlistment in the Army Training Center by March 6, 2018.”

Nevertheless, the Defendant did not enlist within three days from the date of enlistment without justifiable grounds until March 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Adjustment and notification of the date of enlistment in full-time reserve service, and application of statutes governing receipt of notice of enlistment;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. In light of the fact that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution and Punishment of the Military Service Act that only punishs the Defendant as imprisonment with prison labor for evasion, etc. of enlistment takes into account the importance of performing the duty of military service that is assigned to the citizens of the Republic of Korea, the issue is not that of failing to enlist without justifiable grounds even

However, if the defendant reflects his wrongness in depth and will receive a new enlistment notice in the future, he must enlist and faithfully perform his duty.

It seems that the case was reached in this case due to a prudent judgment of the desire to enter money more than one and more after the end, and there seems to be no intention of evading or evading the duty of military service completely.

Until now, the fact that there has been no previous convictions can be considered as favorable circumstances.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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