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(영문) 부산지방법원 동부지원 2018.03.08 2018고단51

병역법위반

Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with no military service.

A person who has received a notice of a military service determination, a notice of a re-examination for determination of military service, a notice of physical examination, or a notice of physical examination for confirmation shall undergo a military service determination, a re-examination for determination of military service, a physical examination

Nevertheless, the Defendant, on February 27, 2017, received a notice of a reexamination from the prosecutor of the Busan District Prosecutors' Office at around 301, the Busan District Military Service on August 28, 2017 after the second physical examination from the prosecutor of the Busan District Prosecutors' Office, but did not undergo the physical examination on the date of the above follow-up physical examination without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes governing receipt of written accusation and notice for reexamination;

1. Article 87 (3) of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., the fact that the defendant has undergone a physical examination for the performance of his military service in the future and expresses his intention to perform his military service, confession and reflects, and that he has no criminal history);