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(영문) 부산지방법원 2014.05.01 2013고단8873
병역법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 2, 2013, the Defendant received a notice of enlistment in active service under the name of the director of the Busan regional military manpower office to enlistment in the Army Training Center located in the Busan regional military manpower office located in the Busan regional military manpower office on November 18, 2013 from the Defendant’s house located in the Busan regional military manpower office.

Nevertheless, the defendant did not enlist in the military even three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. C’s statement;

1. A written accusation;

1. Application of each Act and subordinate statute to the public notice of enlistment in active duty service, and the results of inquiry into domestic registration;

1. According to Article 136(1)2(a) of the Enforcement Decree of the Military Service Act, in the case of convicted prisoners, only persons who have been sentenced to imprisonment with prison labor or imprisonment without prison labor for at least one year and six months are subject to enlistment in the second citizen service. When the defendant is sentenced to imprisonment with prison labor for less than one year and six months or suspension of the execution of such imprisonment with prison labor for less than one year and six months, if the defendant again refuses enlistment or call and is likely to lead to a prison life, the defendant shall be sentenced to the lowest sentence that meets the requirements for exemption from military service.

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