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(영문) 대구지방법원 상주지원 2015.10.20 2015고단387
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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 is a person liable for military service. On May 8, 2012, the Defendant issued a written enlistment notice to the Daegu metropolitan and regional military manpower office in Daegu metropolitan and regional military manpower office and to the 50 company group around May 29, 2012, and failed to enlist within three days from the date of enlistment without justifiable grounds, even though he received the written enlistment notice from May 29, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. An investigation report (an order to correct the place of receipt of the enlistment notice);

1. Application of Acts and subordinate statutes to receipt of written notice of enlistment for full time reserve;

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

1. The sentence shall be imposed as ordered in consideration of the following: (a) there is no criminal conviction for the reason of sentencing under Article 62(1) of the Criminal Act; (b) there is no criminal conviction for the defendant; (c) the defendant has committed a misunderstanding in depth; and (d) the defendant is able to faithfully engage in the duty of military service in the future; and (d) the defendant's age, character and conduct and environment; (e) the motive, means and consequence

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