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(영문) 광주지방법원 2015.04.09 2014고단4796
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2014, the Defendant directly received a notice of enlistment in the military training center under the name of the director of the regional military manpower office in Gwangjunam-gu, Gwangju-gu, to enlistment in the active service branch office and the office of the regional military manpower office in Gwangju-gu, Gwangju-si, and to the Army Training Center located in Chungcheongnam-si, Chungcheongnam-do, as of October 13, 2014, but failed to enlist in the Army Training Center without justifiable grounds until October 16, 2014, for which three days have passed from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutor's protocol of interrogation of the accused;

1. A written statement of accusation, accusation, or complainant of active duty servicemen;

1. A report on the details of challenge of enlistment in active duty service, a report on tracking, a statement of adjustment of the date of enlistment in active duty service, a written notice of enlistment in active duty service, and a list of

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

1. Article 88 (1) of the Military Service Act concerning criminal facts;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, which changes from the fact that the defendant has been unable to respond to enlistment inevitably due to the treatment of illness and the arrangement of family life, and expresses his intent to respond to the enlistment notice

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