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(영문) 대전지방법원 천안지원 2016.04.21 2015고단685
병역법위반
Text

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

On November 14, 2014, the Defendant directly received a written notice of enlistment in active duty service under the name of the head of the Daejeon District Military Affairs Administration and the head of the Daejeon District Office to enlistment in the Army Training Center located in Seo-gu, Seo-gu, Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, and 303 on November 14, 201, and did not enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement that contains a written accusation of D;

1. Application of each Act or subordinate statute to the written notification of enlistment in active duty service, inquiry of registration of enlistment in active duty service, and inquiry of military register;

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 Act on the Suspension of Execution (Consideration favorable circumstances among the reasons for sentencing) requires a strict punishment as to the act of evading enlistment without justifiable grounds in that it is the most fundamental and essential obligation of all citizens to maintain the existence and security of the Republic of Korea. The defendant did not enlist in several times, and the defendant was unable to postpone enlistment after the postponement of enlistment. Meanwhile, the defendant's primary crime and crime are recognized, and the defendant's age, sexual behavior, environment, etc. are reflected in the arguments of this case, including the defendant's age, sexual behavior, and environment.

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