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(영문) 대구지방법원 2014.04.29 2014고단1402
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person subject to enlistment in active service.

On January 7, 2014, at the Daegu regional military manpower office located in Daegu Dong-gu, Daegu District Court on 63 January 21, 2014, the Defendant failed to enlist without justifiable grounds until January 24, 2014, when he received a notice of enlistment in the name of the director of the Daegu regional military manpower office to enlistment in the 102 supplementary unit located in Chuncheon-si, Newbuk-si, Incheon District Military Manpower Office on January 21, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to file an accusation, notice of enlistment in active duty service, and receipt of notice of enlistment;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for the sentencing below) is that the defendant has a depth of his mistake and has fulfilled military service faithfully after enlistment in the future. It is decided as per Disposition by taking into account the various reasons for the suspended sentence, which are shown in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.

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