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(영문) 서울북부지방법원 2015.07.02 2015고단1480
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

The defendant is a person in active duty service.

A person who has received a written notice of enlistment in active service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, on January 29, 2015, the Defendant received a notice of enlistment in the Army Training Center under the name of the director of the Seoul Military Manpower Administration to enlistment in the Army Training Center, which is located in the city of Busan, from March 16, 2015, by e-mail designated by the Defendant, at the residence of the Defendant located in the city of Jin-gu, Busan, and around 23:24, 2015, but did not enlist without justifiable grounds until March 19, 2015, which

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written accusation of the Seoul Regional Military Manpower Office;

1. C’s statement;

1. Application of the Acts and subordinate statutes governing enlistment notice and management of e-mail notices;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., that the criminal defendant has committed his/her own crime in depth and is doing so in good faith);

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