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(영문) 대구지방법원 서부지원 2016.11.11 2016고단1630
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person subject to Grade III enlistment in active duty service.

On February 22, 2016, the Defendant enlisted in the 102 Supplementary Zone located in Yongsan-do, Cheongcheon-si, Gangwon-do on March 22, 2016 at the Defendant’s house located in 301 Dong 904, Dong 2016.

Even after receiving a written notice of enlistment in active duty service under the name of the director of the Daegu-do regional military manpower office, he did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to titles of persons evading military service, notices of enlistment in active duty service, certificates of the results of delivery of written notice of enlistment in active duty service, signatures and replies of the results of delivery of written notice of imposition

1. Article 88 (1) 1 of the Criminal Act applicable to the relevant criminal facts;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no record of criminal punishment and enlistment);

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