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(영문) 인천지방법원 2018.11.16 2018고단6564

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person subject to a call for social service personnel.

Although the Defendant directly received a notice of convening a social service staff member under the name of the head of the Incheon Military Service Branch Office of the Incheon Military Service, “after enlistment in the Army Training Center located in the Gyeonggi-si, Sinsan-si by July 19, 2018 and completing a call for military education at around June 4, 2018, the Defendant did not enlist by not later than three days after the date of call, without justifiable grounds.”

Summary of Evidence

1. Statement by the defendant in court;

1. The head of the Incheon Military Affairs Branch Office;

1. Coordination and notification of the date of convening a meeting of social service personnel;

1. Application of Acts and subordinate statutes concerning receipt of a notice of convening social service personnel;

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

1. The defendant's crime of sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) has not been enlisted without justifiable grounds even after receiving a notice of convening a meeting of social service personnel.

Military service is a fundamental and necessary duty to ensure the dignity and value of all citizens as human beings, and to prepare a base for safe and happy life among all citizens who are free and equal, and such duty shall not be an exception to social service personnel.

Criminal defendant who neglects his duty of military service shall be punished by imprisonment with prison labor only.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

Defendant stated to the effect that he was unable to enter the military due to the storm that he suffered from the balone on the balone day of call, and that he was willing to enter the military as soon as possible after the conclusion of the trial.

The defendant has no record of criminal punishment before the crime of this case is committed.

The defendant shall pay the child support to the former wife after having been divorced.