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(영문) 인천지방법원 2020.11.11 2020고단5605
병역법위반
Text

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

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

On October 14, 2019, the Defendant was unable to serve as the Army Training Center on or around October 14, 2019, and on or around November 22, 2019, in order to adjust the date of enlistment, the Defendant visited the Michuhol-gu Incheon Military Manpower Branch Office of Michuhol-gu Incheon, Michuhol-gu, Incheon, and entered the Incheon Military Manpower Branch Office to the effect that “I would have to serve at the time of determining the date of enlistment after drilling,” and that “I will have to serve at the time of determining the date of enlistment” at that place, and even after having received a written notice of enlistment in the military as the 21st group of Gangwon-gu, Suwon-gu, Suwon-gu, Suwon-do, the Defendant did not serve until December 26, 2019, which was three days after the date of enlistment, without justifiable grounds.

Summary of Evidence

1. A written statement of the defendant's testimony;

1. Application of Acts and subordinate statutes to the enlistment notice and receipt certificate 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 on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution) (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that the defendant has no record of punishment except for a summary order of a fine of KRW 300,000 as a violation of the Military Service Act issued by the Incheon

1. To assist in preventing recidivism and returning to society under Article 62-2 of the Criminal Act of the community service order;

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