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(영문) 수원지방법원 안산지원 2017.08.22 2017고단779

병역법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant directly issued a muster notice to serve as a public interest service personnel on March 18, 2013 at his/her own residence, No. 202, May 22, 2013, to the 09:00 on April 22, 2013, the Defendant did not comply with the call without justifiable grounds by not later than three days after the date of call.

Summary of Evidence

1. Statement by the defendant in court;

1. The head of the regional military affairs office in the Incheon Gyeonggi-do District;

1. C’s statement;

1. Application of Acts and subordinate statutes to which a notice of call-up to public duty personnel service is given, an abstract of resident registration cards, or a missing person;

1. Article 88(1)2 of the former Military Service Act related to criminal facts (Amended by Act No. 11849, Jun. 4, 2013) Article 88(1)2 of the Military Service Act (Amended by Act No. 11849, Jun. 4, 2013)

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence have lapsed for a long time after the Defendant failed to comply with the call, and the trial of this case also did not appear properly, but the Defendant appears late to reflect his attitude, and the Defendant can be called again as a social service personnel after being punished as the instant case.