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(영문) 부산지방법원 서부지원 2018.10.02 2018고단713
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant received a enlistment notice under the name of the head of the Busan Regional Military Affairs Administration to enter the Army Training Center under the name of the head of the Busan Regional Military Affairs Administration by January 29, 2018 from the Busan Regional Military Manpower Administration, which was located in the Busan Regional Military Manpower Administration by December 21, 2017, to enter the enlistment examination of the Army Training Center by January 14:00, 201, the Defendant did not enter the enlistment without justifiable grounds until February 1, 2018 after three days from the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B and C;

1. Application of Acts and subordinate statutes governing a written accusation of a person evading enlistment in active duty service, a written notice of enlistment in active duty service, or a written notice of enlistment;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant repents his wrong and reflects his fault, and the defendant currently faithfully performs his duty of military service, and the defendant is a primary offender who has no previous criminal record, and the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, and other circumstances constituting conditions for sentencing, such as the punishment after the crime, shall be determined by the order.

It is so decided as per Disposition for the above reasons.

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