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(영문) 창원지방법원 2019.05.09 2019고단382
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Anyone who has received a written notice of enlistment in active duty service shall enlist within three days from the date of enlistment, and shall not enlist without justifiable grounds.

Although the Defendant, as a person liable for military service on December 20, 2018, received a notice of enlistment in active duty service from the center of the Changwon-si regional military manpower office located in 250 o-gil 13, and from January 22, 2019 to the e-mail training unit located in the Seocheon-do, Seocheon-do, Seocheon-do, to enlist in active duty service, the Defendant failed to enlist in the above training unit without justifiable grounds from January 22, 2019, which was the date of enlistment until January 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Each statement;

1. A certificate of enlistment in active duty service;

1. Application of the Acts and subordinate statutes governing the public announcement of persons who have delayed enlistment;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the various circumstances shown in the trial and records, including the Defendant’s age, career, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime.

Unfavorable circumstances: The defendant delays enlistment without justifiable grounds;

Ultimately, the circumstances that are favorable to the poor quality of the crime, such as avoiding enlistment, etc.: The confession and reflect, and the first offender who has no criminal power;

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