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(영문) 서울서부지방법원 2019.01.18 2018고단3089
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

On June 4, 2018, the Defendant directly received a notice of enlistment in the active duty service under the name of the director of the Seoul Regional Military Manpower Office on July 10, 2018, that “to be enlisted in the fifth army of the Army on July 10, 2018” at the Defendant’s residence located in Eunpyeong-gu Seoul, Seoul, and failed to enlist without justifiable grounds until July 12, 2018, for which three days elapsed

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Notification of persons to be enlisted in active duty service, and application of statutes of the delivery bureau;

1. Article 88 (1) of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (including the fact that he commits an error and the fact that he is willing to faithfully perform the duty of military service);

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