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(영문) 서울남부지방법원 2013.08.28 2013고단1858

병역법위반

Text

A defendant shall be punished by imprisonment for six 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

When the defendant receives a muster notice as a person to be called as a public duty personnel, he/she shall respond to the call within three days from the date of call.

On March 19, 2013, the Defendant, at the Seoul regional military manpower office and the office located in Yeongdeungpo-gu Seoul regional military manpower office as of May 16, 2013, did not respond to the call without justifiable grounds by the day after three days from the date of call, even though he directly received the notice of call under the name of the director of the Seoul regional military manpower office.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written accusation of the Seoul Regional Military Manpower Office;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act (the first crime and the first place to support the wife and three children, etc.) in the suspension of execution;