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(영문) 수원지방법원 안산지원 2016.12.28 2016고단4333

병역법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is subject to call-up to social work personnel.

On September 20, 2016, the Defendant received a notice of call for education of social work personnel in the name of the head of the Incheon Military Manpower Branch Office to enlist in the Army Training Center located in the Nam-gu Incheon Military Manpower District Office from October 27, 2016 to October 14:00 on September 27, 2016.

Nevertheless, the defendant did not comply with the convocation without any justifiable reason after the lapse of three days from the convocation date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accuser B;

1. A written accusation;

1. Application of the Acts and subordinate statutes concerning the adjustment of call-up for social work personnel and notification;

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

1. The reason behind the suspended sentence under Article 62(1) of the Criminal Act is against the reason for sentencing, and the first offender is the defendant who did not comply with the notice of convening the instant event even if he/she had been postponed several times. The defendant's age, character and conduct, environment, circumstances surrounding the instant crime, etc.