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(영문) 울산지방법원 2014.08.28 2014고단1396
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

A person subject to enlistment in active duty service who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment without justifiable grounds.

Nevertheless, the Defendant received a notice of enlistment in the active duty service from the head of the Busan Regional Military Manpower Office, stating that he will enlist in the Army Training Center located in Ulsan-gu, Ulsan-gu, B and 203 on January 8, 2014, and from March 17, 2014, the Defendant failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation of the director of the Busan regional military manpower office;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice in active duty service;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, from 2009 to 5 years, is delaying enlistment without a clear reason, and the situation is hot.

However, the execution of a sentence shall be suspended in consideration of the fact that there is no criminal record subject to punishment, and that there is no conscientious service in the future.

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