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(영문) 의정부지방법원 고양지원 2015.04.02 2014고단39
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

A person who has received a written notice of enlistment in active service shall enlist in the army before three days elapse from the date of enlistment, except in extenuating circumstances.

On November 13, 2013, the Defendant issued a written notice of enlistment under the name of the head of the Gyeonggi Military Manpower Branch Office to enlistment in accordance with filling 306 at the time of the Government of the Council up to December 17, 2013 at the Gyeonggi Military Manpower Administration, which was 76, the 76 E-si, the Government of the Republic of Korea on November 13, 2013, but did not enlist without justifiable grounds by the date on which three days

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Whether or not to apply the sentencing criteria: Offenses for which the sentencing criteria are small and no sentencing criteria are set;

3. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, two years of suspended sentence, economic conditions, etc., which have not been enlisted and currently have been changed and will be enlisted in the army; consideration of criminal records, etc.;

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