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(영문) 전주지방법원 군산지원 2013.08.21 2013고단691
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person subject to enlistment in active duty service, and the defendant's house located in Gunsan-si B apartment 104 around January 28, 2013, in the same year.

3. The 11. Army Training Center received a notice of enlistment under the name of the director of the regional military manpower office having jurisdiction over the enlistment, but failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusation, written confirmation of evasion of enlistment, and domestic postal inquiries by Korean registry offices;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant is divided in depth by mistake, and that the defendant is entering the future and faithfully fulfill his duty of military service, and that the defendant has no criminal record or imprisonment without prison labor or any heavier punishment);

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

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