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(영문) 서울남부지방법원 2013.10.15 2013고정2678

병역법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Upon receipt of a notice of call-up for military force mobilization training, the defendant shall enlist at the designated date and time.

Nevertheless, around April 17, 2013, the Defendant avoided the call-up for military force mobilization training conducted by military units from May 7, 2013 to May 9, 2013, through Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-dong 603 (C apartment) Defendant’s house, thereby resulting in military force mobilization training conducted by military units from May 7, 2013 to May 9, 2013 without justifiable grounds.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a written accusation against any offender of the Military Service Act and a written accusation;

1. Article 90 (1) of the relevant Act concerning facts constituting an offense and Article 90 (1) of the Military Service Act that selects Punishment;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.