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(영문) 울산지방법원 2016.03.29 2016고단152
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person in active duty service.

The Defendant, on October 5, 2015, was directly given notice of enlistment in the name of the head of the regional military affairs office of Busan, to be enlisted in the Republic of Korea from the person in charge of registered mail to November 14:00 on the 34 U.S., Ulsan-gu, Ulsan-gu, U.S., U.S. on the basis of distribution of the Jindo, Ulsan-gu, U.S. on October 5, 2015, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes governing enlistment in active duty service;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended execution include the following: (a) the defendant’s intention, age, sexual behavior, environment, etc., including the fact that the defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, appears to have refused or evaded enlistment in the military under a belief opposing the performance of military service obligations, rather than to have refused or evaded the enlistment; (b) the details of the crime, such as the fact that

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