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(영문) 대구지방법원 포항지원 2015.05.28 2015고단170
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person subject to enlistment in the active service in the 306 supplementary service.

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

Nevertheless, the Defendant, in November 5, 2014, did not directly receive a written enlistment notice by registered mail and did not enlist within three days without good cause, even if the Defendant received the written enlistment notice from a person in active duty service on December 23, 2014.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes on enlistment in active duty service and details of registered mail delivery;

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

1. Circumstances unfavorable to sentencing under Article 62 (1) of the Criminal Act: The fact that the defendant denies the crime that he/she does not directly receive the written enlistment notice to the effect that he/she has no memory: The fact that he/she does not seem to have intentionally evaded enlistment;

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