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(영문) 창원지방법원 2019.05.01 2019고단241
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is to be enlisted in active service.

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

On October 17, 2018, the Defendant received a notice of enlistment in active duty service under the name of the director of the Korea Military Manpower Office in the name of the Gyeongnam-do Military Manpower Office and did not enlist in the military on November 19, 2018 at the 250-lane 133 at the center of the window of the Changwon-si, Gyeongnam Military Manpower Office on November 19, 2018, to enlistment in the army as the 21st company located in Yang-gu, Gangwon-do Military Military Manpower Office on November 136.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. To report persons subject to enlistment in active duty service, adjustment date, and application of Acts and subordinate statutes governing receipt of written enlistment notice;

1. Article 88 (1) 1 of the Act applicable to facts constituting an offense and Article 88 (1) of the Military Service Act selected as a penalty;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s age, character and conduct, family relationship, the content and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined as follows:

Unfavorable circumstances: Considering the importance of performing military service, the liability for the crime of this case, which was not enlisted without any justifiable reason even after being notified of enlistment in active service, shall not be less vulnerable.

The defendant has been punished for the suspension of the execution of imprisonment in 2016 due to the same crime.

A favorable circumstance: The Defendant recognized the crime of this case and the liability arising therefrom.

The defendant is going to faithfully perform his duties in the future.

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