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(영문) 서울북부지방법원 2020.01.08 2019고단4688

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for four 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

No person who has received a notice of a draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation shall, without justifiable grounds, undergo a draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation on the date of performing the duty.

Although the Defendant was notified by the chief prosecutor of the Seoul Regional Military Manpower Office that he was liable for military service, and that he would undergo a follow-up physical examination on November 19, 2018, the second prosecutor of the Seoul Regional Military Manpower Office (Seoul Yeongdeungpo-gu) and the second prosecutor of the regional military manpower office until June 20, 2019, the Defendant did not undergo the follow-up physical examination on the performance date without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement which is the accuser B;

1. A certificate of receipt for a follow-up physical examination;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act that has no criminal records against the defendant, and that the defendant repents and takes the duty of military service