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(영문) 의정부지방법원 2020.10.08 2020고단1864
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 becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is liable for active duty service.

On February 10, 2020, the Defendant received the notice of enlistment in active duty service from the Gyeonggi Northern Branch of Military Manpower Administration, which was 76 on the 76th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Adjustment date of enlistment in active service, recommendation of notification, and application of Acts and subordinate statutes concerning receipt of written notice of enlistment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is that the Defendant’s failure to comply with the enlistment in active service causes a gap in national defense and a delay in national defense can not be deemed to be a crime that may be less somewhat.

Until now, the defendant seems to have been expected to be exempted from military service rather than revealing his will to faithfully engage in military service, and there is no concern that the defendant may not refuse to enlist again in the military in the event that the expectation is interrupted.

However, in full view of the favorable circumstances, such as the fact that the defendant recognized the crime of this case and did not repeat the crime, the fact that there is no record of punishment, etc., and other favorable circumstances, including the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances before and after the crime, etc.

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