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(영문) 수원지방법원 안산지원 2014.01.09 2013고단2909
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On August 30, 2013, the Defendant, as a person liable for military service, failed to enlist in the military without justifiable grounds, notwithstanding the receipt of a notice of convening public duty personnel service to serve as public duty personnel in the Ansan-si Office of Education after enlistment in the Army Training Center on September 26, 2013, and completing basic military training for four weeks at the Army Training Center on September 26, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation (C), a domestic registration inquiry report, a certified copy or abstract of a resident registration card, a notice on convening public interest service personnel, a list of persons called public interest service personnel, an investigation report, or an abstract of the

1. Application of statutes to inquiries about criminal records, etc.;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) applies to situations unfavorable to the defendant, such as the nature of the crime and the result, etc. of the crime in this case; however, there are no previous crimes and criminal records of suspended execution or more; the defendant does not have any previous crimes and criminal records of suspended execution or more; the defendant is able to enlist in the military as he repents his mistake in depth; the social relation of the defendant is obvious; and other circumstances such as the motive

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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