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(영문) 서울남부지방법원 2013.07.17 2013고단1921
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 11, 2013, the Defendant is a person who was sentenced to two years of imprisonment with prison labor for a violation of the Military Service Act at the Seoul Southern District Court on October 10, 201, and the judgment became final and conclusive on January 19, 2013, and is still under suspension of execution.

The Defendant, as a person subject to enlistment in active duty service on May 8, 2013, received directly a written notice of enlistment in active duty service from “D” to “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, to May 28, 2013, to the 102 Supplementary Service located in Yongsan-gu, Seocheon-gu, Seocheon-gu, Incheon Metropolitan City, and did not enlist without justifiable grounds until three days elapse from the date of enlistment

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation place of the Incheon Games Regional Military Manpower Office;

1. The defendant and his father of the reason for sentencing under Article 88 (1) 1 of the Act on the Punishment of Criminal Crimes are to be enlisted in the army at once. The sentence of this case becomes null and void due to the sentence of this case, and the defendant's reasons leading to the crime of this case, and his previous sentence of suspended execution shall be determined by comprehensively taking into account the circumstances leading to the crime of this case and his criminal record relations, etc.

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