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(영문) 서울서부지방법원 2017.12.08 2017고정1377

병역법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person with no military service.

On May 17, 2017, the Defendant received a notice of convening a call for military force mobilization training under the name of the head of the Seoul Regional Military Affairs Administration in the name of the Defendant’s mother C, which was conducted from June 20, 2017 to June 22, 2017 in his/her own residence in Seodaemun-gu Seoul and 201, and from June 20, 2017 to June 22, 2017.

However, without justifiable grounds, the defendant did not enlist in the above designated date and time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation and a copy of the notice of convening military force mobilization drills attached thereto;

1. Article 90 (1) of the relevant Act on criminal facts and the selection of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2007Do1488, Apr. 1, 2007);