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(영문) 수원지방법원 여주지원 2019.01.16 2018고단937
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

A defendant who is a person subject to enlistment in active duty service and has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment.

Nevertheless, the Defendant, at around July 27, 2017, failed to enlist without justifiable grounds by not later than three days after the date of enlistment, with the notice of enlistment in the name of the branch office of the Gyeonggi Northern District Military Manpower Branch Office, that “to be enlisted in the Army Training Center by July 31, 2017” from the two parts D in the Defendant’s residence in the Gyeonggi Pyeong-gun B building and the Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with D (including the part concerning the E Statement);

1. Statement of the accuser;

1. Notice of enlistment in active duty service, such as a public notice of enlistment in active duty service;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the defendant is wrong to enlist in the military.

Defendant shall not have any other criminal record, except once he/she has been punished by a fine.

The punishment as ordered shall be determined by taking into consideration all the circumstances, such as the age, character and conduct, family relationship, and environment of the defendant.

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