beta
(영문) 인천지방법원 부천지원 2013.06.05 2013고단674

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 2, 2012, the Defendant was sentenced to a suspended sentence of ten months to imprisonment with prison labor at the Suwon District Court for fraud, etc., and on August 2, 2012, the said judgment became final and conclusive and is currently in the grace period.

On January 23, 2013, the defendant is subject to public duty personnel call. On January 23, 2013, 2013, the defendant was enlisted for the Army site electronic mail address of the defendant at the defendant's residence located in Seocheon-gu, Seocheon-gu B and 13, and completed basic military training by February 14, 2013, and did not respond to the call without justifiable grounds, even though he was notified of convening a public duty personnel call under the name of the director general of the Incheon Regional Military Manpower Office of Incheon, Macheon-gu Office to serve as public duty personnel in the office of Jungcheon-gu, Incheon, and the defendant did not respond to the call within three days from the call

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written accusation;

1. One copy of data verifying e-mail;

1. One copy of a notice, public notice and list of military service imposition;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (verification of the facts during the period of stay of execution A against a suspect, etc.);

1. The relevant provision on criminal facts provides only imprisonment with prison labor for a violation of the Military Service Act on the grounds of sentencing under Article 88(1)2 of the relevant Act, and it is inevitable for a defendant to be sentenced to a sentence of imprisonment with prison labor for the defendant during the period of probation

However, in light of the fact that the defendant reflects the wrongness of the defendant and is going to work in good faith after enlistment in the future, the suspended sentence that can be invalidated before the judgment in this case becomes final and conclusive, and all other circumstances that form the conditions for sentencing, such as the defendant's age, character, character, environment, circumstances of the crime, means and consequence, etc., and the conditions for sentencing, such as the circumstances after the crime, etc.