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(영문) 인천지방법원 2020.01.09 2019고단8850
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

A defendant shall be subject to enlistment in active service and a person who has received a notice of enlistment in the military within three days from the date of enlistment.

Nevertheless, the Defendant, on October 28, 2019, received the Defendant’s notice of enlistment in the military training center under the name of the head of Incheon Military Manpower Branch Office to enlistment in the Army Training Center located in Chungcheongnam-Namsan on October 28, 2019, but did not enter the military service without justifiable grounds within three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. The written statements in C and B;

1. Application of statutes on the filing of an accusation, the official notice of enlistment in active duty service, and the receipt details of registered mail;

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., the recognition of and reflects on a criminal conduct, the fact that he is willing to perform military service, and the fact that he does not have any criminal record exceeding

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