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(영문) 광주지방법원 장흥지원 2013.09.26 2013고단149
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 14, 2012, the Defendant received a notice of enlistment in the name of the director of the regional military manpower office in Gwangju-gu, Gwangju-gu, to enlist in the army of 31 company located in Gwangju as of October 9, 2012, and did not enlist in the army on October 12 of the same year, for which three days have passed from the date of enlistment, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint or accuser of enlistment in active duty service;

1. Notice of the evasion reason of enlistment in active duty service, detail of tracking, domestic registered mail investigation, year register of persons who have failed to serve in the army, and enlistment in active duty service;

1. Application of Acts and subordinate statutes to an investigation report (report attaching notices to enlistment in active service);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (such as the fact that there is no record of punishment heavier than a fine, the fact that a person surrenders to an investigative agency after the crime, the fact that the crime is committed, the time of and the fact that the person commits the crime, and the fact that the person

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