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(영문) 대구지방법원 포항지원 2014.08.21 2014고단753

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant received a muster notice from the public interest service personnel under the name of the director of the Daegu-gu regional military manpower office (the name changed from December 5, 2013 to social service personnel) to the effect that “from December 16, 2013 to December 09:00, the Defendant responded to convening a call in accordance with the policy for viewing a port-to-port in the dwelling area of the Defendant of the building C, 303, Nam-gu, Nam-gu, Seoul Special Metropolitan City, the Defendant did not comply with the call within three days from the call call without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D (investigative records, two pages and six pages);

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

1. Article 88(1)2 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal circumstances, such as punishment of a fine for violation of the Military Service Act and punishment of a fine for violation of the same kind, the fact that there is no same criminal records, the defendant's mistake in recognizing the defendant, and the fact that he is willing to comply with