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(영문) 부산지방법원 동부지원 2017.09.13 2017고단1439

병역법위반

Text

A defendant shall be punished by imprisonment for four 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

On August 10, 2015, the Defendant received a muster notice under the name of the head of the Busan Regional Military Affairs Administration from the Busan Regional Military Manpower Administration office and from November 2, 2015 to the Busan Regional Military Manpower Administration office.

Upon receipt of the above muster notice, the Defendant did not comply with the convocation within the above period without justifiable grounds, despite the need to respond to the convocation by November 5, 2015, which is within three days from the date of the said lawsuit.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes to a copy of receipt of notice of convening social service personnel;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the conditions favorable to the sentencing) of the suspended sentence is that the instant crime did not comply with one year after receiving a notice of convening that the instant crime will serve as a social service personnel, and the liability for such crime is not less than less than that of the Defendant, and the Defendant’s criminal records are less than twice the same criminal records.

However, there are favorable circumstances such as the fact that the defendant recognized the facts charged and seriously reflects the facts charged, that the defendant supports the punishment of the defendant who is administering the disease with liver cancer, and that the defendant does not have any criminal record exceeding the fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.