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(영문) 인천지방법원 2013.07.25 2013고단2286

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 23, 2011, the defendant was sentenced to six months of imprisonment for special larceny in the Incheon District Court, and the execution of the sentence was terminated in the Incheon Detention House on February 19, 2012.

Defendant is a person subject to call-up of public duty personnel.

피고인은 2012. 11. 20.경 인천 계양구 C빌라 가동 302호에서 2012. 12. 6. 14:00까지 충남 논산시에 있는 육군훈련소에 입영하라는 인천경기지방병무청장 명의의 공익근무요원소집통지서를 어머니인 D을 통해 전달받았음에도 불구하고, 정당한 사유 없이 위 소집일로부터 3일이 지나도 소집에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Parcel post, travel expense receipt, resident registration record card, certified copy or abstract of resident registration record card, or notice for convening an authorized employee;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports, identification of individual persons and current status of confinement;

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

1. The reason for sentencing under Article 35 of the Criminal Act, among repeated offenders, appears to have been against the defendant while making a confession of the crime of this case, and there are no criminal records of the same kind. However, in light of the fact that the defendant committed the crime of this case during the repeated crime, etc., a strict punishment is inevitable, and the defendant's punishment against the defendant is determined as ordered by comprehensively taking into account all the conditions of the punishment specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, and circumstances leading