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(영문) 부산지방법원 2016.11.23 2016고단6000
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

As a person subject to enlistment in active duty service, the Defendant received a notice of enlistment in active duty service under the name of the director of the Chungcheongnam-gu regional military manpower office to enlistment in the army training center located in the Seosan-si, Chungcheongnam-gu, Ulsan-do, No. 217, Sept. 1, 2015, and failed to enlist without justifiable grounds by no later than three days after the date of enlistment, from September 21, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. A statement of accusation against B;

1. Application of statutes of the notice for enlistment in active duty service;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of a previous conviction exceeding the fine, and the enlistment in the military);

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