(영문) 부산지방법원 동부지원 2015.07.09 2015고단704

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(영문) 부산지방법원 동부지원 2015.07.09 2015고단704

병역법위반

Text

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

However, 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 February 19, 2014, the Defendant was enlisted at the office of the Defendant in Busan Shipping Daegu E, 209 Dong 104, and at the 53 Assistant Soldiers' Office as of April 22, 2014.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of the accusation station and parcel-post delivery delivery center;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Taking into account the following circumstances with the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and other various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading up to the Defendant to the instant crime, and circumstances before and after the instant crime, etc., the execution of the sentence shall be suspended only once more than that of the Defendant’s imprisonment with prison labor for a long time than that of isolation from society for a long time, and the order of community service for a certain period of time shall be determined as ordered.

D. Unfavorable circumstances: The nature of the crime of this case that the defendant did not enter the military within three days from the date of enlistment notified without justifiable grounds, and the defendant needs to be punished strictly in consideration of the equity with other persons liable for military service who faithfully perform his duty of military service.

The favorable circumstances: the defendant is able to faithfully perform military service in the future.

The defendant has no record of criminal punishment of suspension of qualifications or heavier for the same crime.

참조조문

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