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(영문) 의정부지방법원 2018.12.27 2018고단4869
병역법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person subject to enlistment in active duty service (reserve service).

On July 11, 2018, the Defendant received a notice of full-time enlistment in reserve service to enlist in an association on August 20, 2018 at his own residence in Namyang-si B around 10:50.

However, for the reason that the economic situation is difficult, the defendant did not enlist in the above military unit for three days after the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notice of enlistment of persons in reserve service separately for full-time reserve service, delivery status of notice of enlistment, and telephone call details with those subject to enlistment;

1. Copy of resident registration;

1. Application of the statutes governing the disclosure of persons subject to enlistment;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act shows the attitude of the defendant to see and reflect his mistake.

In the future, the defendant will not evade enlistment and will faithfully perform the duty of national defense.

There are many things.

There are some circumstances to consider the motive and background leading up to the instant crime.

There is no criminal record for the defendant.

Other punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, method and attitude of the crime, and circumstances before and after the crime.

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