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(영문) 대전지방법원 2019.11.21 2019고단2968

병역법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant shall, upon receipt of a muster notice as a person subject to the call-up to social work personnel service, comply with the call within three days from the date of call-up.

Nevertheless, on April 2019, the Defendant, at the residence of the Defendant in Daejeon Dong-gu B apartment, and subparagraph (C), was unable to respond to the call from the Defendant’s mother to May 14:00, 2019, by not later than three days after the date of the call-up in the name of the director of the Chungcheongnam-gu regional military manpower office without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Application of Acts and subordinate statutes to which a defendant sent a notice to the Military Manpower Administration, a notice of convening a social work personnel service, a list of persons eligible for convening a social work personnel service, a list of persons eligible for convening a social work personnel service, a record of delivery of a call notice, a certified copy

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that the suspended execution has the same criminal history as that of the suspended execution, but the recognition of and reflects on the crime, the circumstances leading to the crime, the health of the defendant