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(영문) 수원지방법원 평택지원 2020.02.21 2019고단505
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person liable for military service to enlist in active duty service.

No person who has received a written notice of enlistment in active service shall enlist in the military without justifiable grounds within three days from the date of enlistment.

Nevertheless, the Defendant, at around 13:38 on February 27, 2019, enlisted in the army according to the education of the 51st Jins of the Army on March 18, 2019 at the dwelling of Pyeongtaek-si B apartment, and C.

"A person who directly receives a written notice of enlistment in the name of the director of the regional military manpower office for the police officer, but did not enlist in the army for three days from March 18, 2019, which is the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written accusation;

1. An annual list of persons who have failed to enlist in active service;

1. Application of the statutes governing the progress of delivery;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) recognizing the defendant's mistake; (b) having the defendant faithfully fulfilled his duty of military service; (c) having regard to the criminal records of the defendant; and (d) having regard to the criminal records of the defendant; and (d) having regard to various sentencing conditions specified in Article 51 of the Criminal Act

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