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(영문) 인천지방법원 2016.02.04 2015고단7058
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, on April 15, 2014, did not directly receive a notice of enlistment in active duty service under the name of the head of the Incheon Gyeonggi-gu Military Affairs Administration, and did not enlist in a designated place until August 29, 2014 without justifiable grounds, in the purport that “be enlisted in the 306 supplementary unit located in the Dong-dong of the Government of Jung-gu, Incheon, Incheon, and “be enlisted in the 306 supplementary unit located in the Dong-dong of the Government of Jung-dong on August 26, 2014.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing inquiries on military register and receipt of enlistment notice;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) of the suspended sentence was that it was somewhat difficult for the Defendant to enlist through the Defendant’s friendly treatment and the surgery of her father’s crypology, etc., one of the suspended sentence (including once the same type) and ten times of a fine (including once the same kind), the fact that the Defendant’s age, sex behavior, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc. are considered, and the sentence is determined as ordered.

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