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(영문) 서울남부지방법원 2018.06.08 2018고단846

병역법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the local reserve forces who is called for military force mobilization.

1. On June 5, 2017, the Defendant violated the Military Service Act: (a) received a notice of convening a call for military force mobilization training in the name of the head of the Seoul Regional Military Affairs Administration in the name of the Defendant’s father C, that the Defendant would undergo the military force mobilization training conducted in the training site for three days from June 27, 2017 to June 29, 2017, and for three days from June 27, 2017 to June 27, 2017.

However, the defendant did not enlist at a designated date without justifiable grounds.

2. Violation of the Act;

A. On September 7, 2017, the Defendant received a notice of convening a reserve force training in the name of the unit 1 commander of the 5531 unit in the Army, demanding that the Defendant be present at the training site of the Yangcheon Reserve Forces for three days from September 18, 2017 to September 20 of the same month (24 hours carried forward in 16) conducted at the training site of the Yangcheon Reserve Forces for three days.

However, the defendant did not receive training without justifiable grounds.

B. On September 7, 2017, the Defendant received a notice of convening a reserve force training in the name of unit No. 5531 of the Army, to attend the second supplement (15 year carried forward training, 8 hours) conducted by the head of the Gi-si, Gi-si, Gyeonggi-do 24 U.S. and the 24 times in the Gi-si, Gi-si, Gi-si, Gyeonggi-do.

However, the defendant did not receive training without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes on each accusation, each notice of convening a training session and receipt thereof, and the organization card for the reserve forces;

1. Article 90 (1) of the Military Service Act applicable to facts constituting an offense, Article 15 (9) 1, Article 6 (1) of the Act, and the selection of imprisonment with prison labor for each reserve force;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act provides that a suspended sentence shall be imposed (i.e., circumstances favorable to the defendant among the reasons for sentencing).