beta
(영문) 전주지방법원 2015.07.09 2015고단620

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

The Defendant, as a person subject to call-up to social work personnel service, received a notice of call-up to social work personnel service in the name of the former director of the regional military manpower office in the name of the former director of the regional military manpower office on February 9, 2015 to respond to the call-up to the call-up conducted in the former audience on January 26, 2015 and around February 9, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of the fact that he/she has evaded enlistment, and a certificate of the second-stage social work personnel call-up, a list of notified persons and a certificate of notification;

1. Application of Acts and subordinate statutes of D;

1. The reason for sentencing under Article 88(1)2 of the pertinent Act on criminal facts lies in the Defendant’s mistake. However, in around 2014, the Defendant, upon being tried to commit a crime of violating the Military Service Act, is deemed to have committed a crime of violating the said Act, and thus, is highly likely to be subject to criticism in that he/she again committed the instant crime, even if he/she was ordered to perform his/her duty of military service with good faith as soon as he/she was released.

The punishment shall be determined as per the disposition, comprehensively taking into account the various sentencing conditions shown in the records, such as the character, behavior and family relationship of the defendant.