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(영문) 대전지방법원 홍성지원 2016.09.27 2016고단338
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

The Defendant, as a person subject to enlistment in active duty service on November 24, 2015, received a notice of enlistment in active duty service under the name of the head of the Daejeon District Military Affairs Administration in the name of the head of the Daejeon District Military Affairs Administration on December 22, 2015 from the office of the Defendant C of the Defendant in the Chungcheongnam-gun Budget Office to enlistment on December 22, 2015, but did not immediately enlist until three days after the date of enlistment without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by taking into account the following circumstances, including the Defendant’s age, sex, environment, the circumstances before and after the instant crime, and the circumstances of the instant crime.

The unfavorable circumstances: The intention is clear by evading the duty of enlistment after being given treatment for multi-child fingers, and the efforts are neglected to undergo the second draft physical after being given treatment on September 14, 201: The fact that the defendant was punished twice by a fine for violating the Military Service Act, such as not filing a report on the transfer of address, and there is no other punishment history, and the defendant appears to have failed to comply with the duty of enlistment due to the maintenance of livelihood, and there is intention to be enlisted in the military service.

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