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(영문) 인천지방법원 2019.03.06 2018고단8320
병역법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person in active duty service.

On August 31, 2018, the Defendant received a notice of enlistment from the Defendant’s residence located in the Nam-gu Incheon Metropolitan City subparagraph (B) B, to October 8, 2018, in accordance with the Non-Party Incheon Metropolitan City Human Rights Education by October 8, 2018, but failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes that notify the challenge of military service, a written accusation, a written accusation, or additional enlistment;

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

1. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1) provides that the Defendant recognized the instant crime and reflects the fact that the Defendant was enlisted in the active duty soldier around December 27, 201, and returned to the Republic of Korea on or around the 30th day of the same month as an active duty soldier on or around December 27, 2011, and the enlistment was postponed seven times on or after the seven occasions due to illness, depression, depression, etc.). However, even after being notified of enlistment on August 31, 2018, the circumstance is that the Defendant was prevented from committing the instant crime in violation of the Military Service Act because he did not take any measure against the competent Military Manpower Administration on or around August 31, 2018; the Defendant’s mother thought that the Defendant had postponed his application for enlistment and failed to confirm it directly, etc.).

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