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(영문) 수원지방법원 2018.09.13 2018고단2737
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

Although the Defendant received a notice of enlistment in active duty service from the public service offices of the Gyeongwon-si Military Manpower Administration (Seoul Military Manpower Administration) to enlistment in the 21 association of the 21st Army until February 5, 2018, the Defendant did not enlist until February 8, 2018, for which three days have passed from the date of enlistment, without justifiable grounds, even though he received a notice of enlistment in active duty service from the public service offices of the Gyeongwon-si Military Manpower Administration (Seoul Military Manpower Administration) on December 20, 201

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to the notification of additional enlistment in active duty service, receipt of notification of enlistment, and recommendation for adjustment of the date of enlistment;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The reflection of the fact, the same kind of crime and the fact that there is no previous conviction exceeding the fine);

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