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(영문) 대구지방법원 2020.02.04 2019고단6110
병역법위반
Text

A defendant shall be punished by imprisonment for six 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

Any person who has received a notice of enlistment in active duty service shall enlist within three days from the date of enlistment, except in extenuating circumstances.

Nevertheless, the Defendant, at around 13:00 on September 17, 2019, failed to enlist within three days from the date of enlistment without justifiable grounds, even though the Defendant received a notice of enlistment in the name of the Defendant in the name of the director general of the Daegu North Korean Military Manpower Office from C and received the notice of enlistment in the military training center on October 7, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of accusers by the director of the Daegu North Korean military manpower office;

1. Application of Acts and subordinate statutes to a written notification recipient;

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as set forth in the instant pleadings.

Unfavorable circumstances: Crimes committed by a defendant with evasion of duty of military service shall not be mitigated in light of the circumstances, details, etc. of such crimes.

A favorable condition: The defendant has no record of criminal punishment except juvenile protective disposition.

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