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(영문) 인천지방법원 2021.03.24 2020고단10196
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 12:11 on July 10, 2020, failed to enlist without justifiable grounds by not later than three days from the date of enlistment, even though he received the notice of enlistment under the name of the head of the Military Affairs Administration of the Incheon Regional District, and received the notice of enlistment in the name of the head of the Military Affairs Administration, from the date on which three days elapsed from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the accuser or accuser;

1. Application of Acts and subordinate statutes, such as notification of additional enlistment of persons in reserve service, progress of delivery, details of written notification, etc.;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. It has had the record of being sentenced to a fine for the violation of the Military Service Act two times because the moving-in report on the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution is not properly made, and it is difficult to enter the military service on the date of receipt of the notification, thereby avoiding contact with the Military Manpower Administration, recognizing a crime, allowing enlistment immediately, and not deemed to have been the purpose of evading military service itself from the beginning, by taking into account the sentencing conditions under Article 51 of the Criminal Act, including the circumstances, and determining the punishment as ordered.

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