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(영문) 대구지방법원 서부지원 2014.08.12 2014고단677
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On June 26, 2014, the Defendant was sentenced to a suspended sentence of two years on July 4, 2014 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), and the judgment became final and conclusive on July 4, 2014.

A defendant is a person who is judged to be subject to Grade II active duty service and is not subject to enlistment within three days from the date of enlistment without justifiable grounds, but does not enlist within three days from the date of enlistment. On December 26, 2013, the defendant received a notice of enlistment in the name of the director of the Daegu-do regional military manpower office to enlist in the military service on February 11, 2014 from the Daegu Metropolitan City, Seo-gu, Incheon Metropolitan City, 203 Dong-gu, 1601 (C apartment) to the 306 supplementary military service located in the Dong-dong of Gyeonggi-do Government, but did not enlist until February 14, 2014 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Receipt of the notice of enlistment in active service, and written confirmation;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation report (report on confirmation of related final judgment);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect, the fact that the military service is faithfully fulfilled, and other consideration of age, power, etc.);

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