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(영문) 부산지방법원 서부지원 2018.09.12 2018고단595
병역법위반
Text

A defendant shall be punished by imprisonment for six 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

The Defendant was a full-time person to be enlisted in reserve service, and on January 2, 2018, the Defendant did not, without good cause, enlist until January 26, 2018, for which three days have passed from the date of enlistment, to January 23, 2018, to be enlisted in the 53 association shock training unit located in the Busan Shipping Daegu District Office from the Defendant’s house of 102, Seo-gu, Busan Metropolitan City, to January 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A notice of enlistment in active duty service (in reserve service), a notice of enlistment in full-time reserve service, or an inquiry into the results of delivery by mail;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is that the defendant did not enlist in active duty service without justifiable grounds despite being notified of enlistment. In light of the importance of performing the duty of military service assigned to citizens of the Republic of Korea, unfavorable circumstances, such as the fact that the criminal liability is not somewhat weak, and that the defendant recognized the crime of this case, and his intention to fully evade or evade the duty of military service, and that there is no intention to completely evade or evade the duty of military service, taking into account the favorable circumstances, such as the fact that there is no criminal record of the same kind, and all of the conditions of the sentencing specified in the records and arguments of this case, the punishment as ordered shall

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