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(영문) 대구지방법원 2018.03.15 2017고단6364

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person subject to call-up of social service personnel, did not respond to call-up without good cause after the lapse of three days from the date of call-up, without justifiable grounds, even though he directly received a written notice to call-up to the Social Service Training Center located in Jung-gu, Daegu on July 27, 2017, and from September 11, 2017 to the 328-33 in the Gun area of the Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing a written accusation, a written accusation, and a certificate of enlistment notice;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as the “justifiable circumstances”) : In addition, even though the Defendant had been punished for violating the Military Service Act on three occasions due to refusal of physical examination or failure to move-in report, the crime of this case was committed; in light of the fact that the Defendant committed the crime of this case, the nature of the crime is not negligible: The Defendant is recognized and against the Defendant. The Defendant has been able to work as a social service personnel in good faith, taking into account all other circumstances, such as the Defendant’s age and occupation, motive and background of the crime, and circumstances after the crime.