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(영문) 울산지방법원 2018.02.07 2017고단3896

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

The defendant shall, upon receipt of a muster notice, respond to the call within three days from the date of receipt of the muster notice from the person subject to the call-up of social service personnel.

Nevertheless, on June 19, 2017, the Defendant did not respond to the call by the date on which three days elapsed from the date of the call, without justifiable grounds, in his own residence located in Ulsan-gu B, Ulsan-gu, and on July 31, 2017, to the Ulsan Metropolitan City office located in Ulsan-gu, Seoul-ro 233, Ulsan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation (including attached documents);

1. Application of Acts and subordinate statutes to a criminal investigation report (including submission, etc. of medical records at the hospital of the person under investigation), investigation report (C emotional distress and response to fact, etc.);

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act (referring to the favorable part of the reasons for sentencing as set forth below) is an offense for which the sentencing guidelines have not been set and supported.

It is disadvantageous that the defendant avoided the duty of conscientious military service without good cause and was consistent with his defense in the investigative agency at the initial time of investigation.

However, the execution of punishment is suspended considering the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized as soon as possible, and that the defendant stated that he will faithfully respond to the call of social service personnel in the future, and that there is no record of crime except for one-time criminal offense due to drinking driving.