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(영문) 서울남부지방법원 2015.01.29 2014고단3455

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Notwithstanding that a person who has received a notice of enlistment in active duty service or of call-up fails to enlist in the military or to respond to the call-up without justifiable grounds within three days from the date of enlistment or call-up, the defendant as a person subject to social work service on April 17, 2014, in his residence in Gangseo-gu Seoul Metropolitan Government C402, and in the same year

5.1. He did not enlist without good cause within three days from the date of call, even though he received directly a call-up notice to social work personnel.

Summary of Evidence

1. Defendant's legal statement;

1. Adjustment and notification of the date of convening the social work personnel service, and the application of statutes governing the Postal Service Association;

1. The circumstances are favorable to the defendant, such as the confession of the reason for sentencing under Article 88 (1) 2 of the Act on the Punishment, etc. of Criminal Crimes, and the fact that the defendant will enter the military as a whole.

However, even though the Defendant had been sentenced to 8 months of imprisonment with prison labor for the same criminal act on September 25, 2013 and had been sentenced to 2 months of the suspended sentence, he/she committed the same crime during the suspended sentence period, and thus, he/she cannot be sentenced to the Defendant.

However, in consideration of the above favorable circumstances, the same type as the order was determined.