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(영문) 대구지방법원 안동지원 2014.05.09 2013고단657
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

A person who has received a notice of enlistment for active duty service or call-up shall not, without justifiable grounds, be enlisted in the army or call-up for three days after the date of enlistment or call-up, or failed to respond to the call-up, while the defendant, as a person subject to enlistment in the third class active duty service, was not enlisted in the Army Training Center within three days from September 30, 2013 without justifiable grounds, even though he received a notice of enlistment in the active duty service to be enlisted in the Daegu-gu regional military manpower office located in Dong-dong, Daegu-gu, Dong-dong, 386-1 on August 7, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation and a written notice of enlistment in active duty service;

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendant is entering the army, etc.);

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