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(영문) 부산지방법원 2017.02.09 2016고단6528

병역법위반

Text

1. The defendant shall be punished by imprisonment for six months;

2. 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

Upon receipt of a muster notice as a person subject to the call-up of social service personnel, the defendant shall comply with the call within three days from the date of the call-up.

Nevertheless, on April 12, 2016, the Defendant directly received a muster notice under the name of the head of the Busan Regional Military Affairs Administration to call from the Busan Regional Military Manpower Administration on July 11, 2016 at the Busan Regional Military Manpower Administration, which was located in 301, to 09:0 on July 11, 2016, and 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. A written accusation;

1. Application of Acts and subordinate statutes to a copy of receipt of notice of convening social service personnel;

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

2. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Du10