(영문) 수원지방법원 2016.10.13 2016고단3972

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(영문) 수원지방법원 2016.10.13 2016고단3972

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

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 July 7, 2016, the Defendant was sentenced to two years of imprisonment for fraud and three years of suspended execution at the Suwon District Court on July 7, 2016, and the judgment became final and conclusive on July 15, 2016.

The defendant is a person in active duty service.

On April 22, 2013, the Defendant directly received the notice of enlistment in the name of the director of the Incheon Gyeonggi Military Manpower Office to enlist in the 306 Supplementary Zone located in the Dong-dong of the Government on May 7, 2013 from Suwon-si, Suwon District Military Manpower Office of 120 Incheon Gyeonggi-si on May 7, 2013, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation from the director of the Incheon Gyeonggi Military Manpower Office;

1. Statement of the accuser in writing C;

1. Certificate of receipt of the enlistment notice;

1. Previous records: Investigation report (report attached to a written judgment), investigation report (report attached to a written judgment), B, application of statutes of the judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the content of the instant crime, and the circumstances leading to the crime, etc., the nature of the crime is not that of the crime.

However, considering the fact that the defendant's mistake is recognized and against the defendant, and is going to fulfill the duty of military service in the future, equality, etc. with the case that the defendant has judged a crime of fraud that has already been decided simultaneously with the crime of this case, and considering the circumstances leading to the crime, the age of the defendant, character and conduct, and all the sentencing conditions specified in records and arguments, such as records and arguments,

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