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(영문) 대전지방법원 2017.08.17 2017고단1612
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, as a person subject to enlistment in active duty service, must enlist within three days from the date of enlistment, barring any justifiable reason, the Defendant, who received a notice of convening an enlistment in active duty service, failed to enlist in the said military unit by the date three days after the date of enlistment from the date of enlistment, without justifiable grounds, even though he received a notice of convening an enlistment in active duty service from the head of the Daejeon District Military Affairs Administration on November 1, 2015, “Seocheon-si 22, 2015, Mapo-si 8, 2015,” from the head of the Daejeon District Military Affairs Administration.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of accuser C;

1. A written accusation;

1. Notice of enlistment in active duty service;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

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

1. It is so decided as per Disposition on the grounds that Article 62(1) of the Criminal Act of the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that although the liability for the crime of this case is not minor in light of the contents and circumstances of the crime of this case, the defendant is against the time and truth of the crime of this case, only one time before and after the crime of this case, the defendant has been punished, and if the defendant is given an opportunity in the future, it is necessary to give another opportunity to faithfully engage in military service, and the defendant's age, sex, sex, environment, motive, means, means, and consequence, and all of the sentencing conditions specified in Article 51 of the Criminal Act as a whole as before and after the crime of this case,

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