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(영문) 창원지방법원 밀양지원 2018.10.18 2018고단400
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 in active duty service.

The Defendant, at around May 18, 2018, sent a notice of enlistment in active duty service under the name of the head of Gyeong-nam Regional Police Agency C, to the Defendant’s house located B B 302 and around Jun. 19, 2018, to the 39 association loyalty training unit located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do on June 19, 2018, but failed to enlist for more than three days from the date of the enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to notify enlistment in reserve service;

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

1. There is no record of punishment prior to the reason for sentencing under Article 62(1) of the Criminal Act, and the sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered, taking into account the following factors into account:

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