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(영문) 창원지방법원 2013.06.14 2013고단897
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, as a person subject to enlistment in active duty service, visited the Busan regional military manpower office located in the area of 301 on December 26, 2012 due to training in Suwon-gu, Busan regional military manpower office on February 26, 2013 and received a notice of enlistment in the name of the director of the Busan regional military manpower office on February 53, 2013, but failed to enlist within three days from the date of enlistment

Summary of Evidence

1. Defendant's legal statement;

1. Coordination of the date of enlistment in active duty service and notice thereof;

1. Application of Acts and subordinate statutes to the charge of accusation or accusation statement;

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

2. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the reason for sentencing) requires a strict punishment against the defendant when considering the fact that the defendant had been punished for the same kind of crime in the past even though he had the history of punishment, but the defendant committed the crime in this case. However, it is necessary to divide the defendant's mistake in depth, and the defendant must be enlisted in the military at this time, and the defendant's age, character and behavior, character and character, intelligence and environment, motive and circumstance of the crime in this case, and circumstances after the crime, etc. are considered, and a suspended sentence of imprisonment is to be imposed on the defendant as ordered by the court.

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