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(영문) 서울중앙지방법원 2018.04.04 2017고단5721
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

A person who has received a notice of enlistment in active duty service or of a call-up shall not be enlisted in the army or fails to comply with the call-up within three days from the date of enlistment or call-up without justifiable grounds.

Nevertheless, the Defendant, as a person subject to enlistment in active duty service on April 20, 2017, was served on the Defendant’s domicile located in Gangnam-gu Seoul Metropolitan Government C 104 Dong 405, and did not enlist in active duty service without justifiable grounds, even though he was served on the Defendant’s notice of enlistment on May 30, 2017, stating that “to be enlisted as an association located in Seocheon-gun, Seocheon-do, Seocheon-do, Seocheon-do, Gangwon-do, and that “to be enlisted as an association located in Seocheon-do, Seocheon-do.”

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of public notice of imposition of military service;

1. Inquiry into registration of enlistment in active service;

1. Application of Acts and subordinate statutes of Part II of the certificate;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act Article 62 (1) of the suspended sentence is that the defendant is able to faithfully perform his duty of military service by pening his mistake and reflecting his mistake.

In light of the fact that there are circumstances that can be considered in light of the fact that a situation where the defendant needs to enlist again after returning home after receiving notice of enlistment in the past, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and all of the sentencing conditions specified in the arguments and records, such as the circumstances after the crime, etc., shall be determined as ordered.

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