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(영문) 대전지방법원 논산지원 2016.09.23 2016고단117
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Anyone who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, the Defendant, at the Daejeon District Military Manpower Administration located in the Daejeon District Military Manpower Administration on November 25, 2015, No. 16-ro 5, Daejeon District Military Manpower Administration, issued a notice of enlistment in active service under the name of the head of the Daejeon District Military Manpower Administration and the head of the Daejeon District Military Manpower Administration to enlistment in the active service and as a supplement to 102, December 22, 2015, the Defendant failed to enlist without justifiable grounds within three days from the date of enlistment, even though he received the notice of enlistment in the name of the head of the Daejeon District Military Manpower Administration.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written accusation;

1. Application of Acts and subordinate statutes to the public notice of enlistment in active duty service and a copy of receipt of enlistment notice;

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no criminal history of the stay of execution or heavier punishment, and that he expresses his intention of enlistment

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