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(영문) 서울북부지방법원 2018.06.15 2018고단1379
병역법위반
Text

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

On January 23, 2018, the Defendant, as a person in active duty service (in reserve service), did not directly receive a written notice of enlistment under the name of the head of the Seoul Regional Military Affairs Administration to enlist in accordance with 15 association new soldiers training in the document original of Gangwon-gun, Gangwon-do on March 5, 2018, and did not comply with the enlistment without justifiable grounds by not later than three days after the date of enlistment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt for enlistment in active duty service;

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 suspended sentence under the Criminal Act is divided into and against the Defendant’s mistake, and the circumstances leading to the instant crime are considered. The Defendant has no record of criminal punishment, and the Defendant has no record of criminal punishment, and the Defendant’s age, sex, conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and other circumstances constituting the condition for sentencing, such as the circumstances after the commission of the crime, shall be determined as ordered.

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