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(영문) 대구지방법원 상주지원 2015.02.03 2014고단652
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

Although the Defendant received a written notice of enlistment in active duty service from the Daegu metropolitan and regional military manpower office located in Daegu Dong-gu on June 5, 2014 to 50 resignations from August 19, 2014, the Defendant did not enlist until August 22, 2014, which was three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation;

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

1. The sentence shall be imposed as ordered in consideration of the fact that there is no record of criminal punishment against the defendant for the reason of the suspended sentence under Article 62(1) of the Criminal Act, and the age, character, conduct and environment of the defendant, motive, means and consequence of the crime, and the circumstances of the sentencing as shown in the pleadings of the case.

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