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대구지방법원 2018.09.06 2018고단3157
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person subject to separate enlistment in active duty service, and a person who has received a written notice of enlistment in active duty service or a written notice of call-up should not enlist within three days from the date of entry without justifiable grounds, but the Defendant received a written notice of enlistment in active duty service from the North Korean University located in Daegu-gu, Daegu-gu on April 13, 2018 to the two association until April 24, 2018, but failed to enlist within three days from the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A written accusation;

1. Notification of persons to be enlisted in active duty service (full-time reserve service), inquiry of details of delivery, application of Acts and subordinate statutes governing receipt of written enlistment notice;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was punished by a fine for the same kind of crime is disadvantageous.

However, the sentencing conditions such as the defendant's age, sex, family relation, criminal records, the circumstances of this case, and the progress shall be determined by comprehensively considering the fact that the defendant recognizes and reflects the crime, the enlistment is conducted, the previous conviction of the same kind of fine is caused by the non-performance of the moving-in report of the place of residence, and is not caused by the refusal of enlistment, and other conditions of sentencing.