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(영문) 서울중앙지방법원 2019.10.16 2019고단5508
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 May 2, 2019, the Defendant received a notice of enlistment in the name of the director of the Daegu-si regional military manpower office to enlistment in the active service and received a notice of enlistment in the name of the director of the Daegu-si regional military manpower office on June 4, 2019, and did not enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing a person who violates the Military Service Act, a written accusation, a written accusation, enlistment notice in active duty service, and receipt of written notice of enlistment;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Probation Criminal Act is somewhat harsh considering the fact that the defendant was sentenced to a fine twice as a result of the violation of the Military Service Act, but the defendant is obliged to fulfill the duty of national defense, and that there is no criminal conviction above the suspended sentence.

In these circumstances, the sentencing conditions specified in the trial process of this case, including the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as above.

It is so decided as per Disposition for the above reasons.

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