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(영문) 서울중앙지방법원 2018.10.12 2017고단5004

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 becomes final and conclusive.

Reasons

Punishment of the crime

A person who has received a muster notice shall not comply with the convocation of a Nado without any justifiable reason within three days from the date of the convocation.

Although the Defendant directly received a muster notice under the name of the head of the Seoul Regional Military Affairs Administration to call a social service training center on March 13, 2017 from the Defendant’s residence located in Seocho-gu Seoul Metropolitan Government C and 402 on January 31, 2017 as a person eligible for social service personnel, the Defendant did not respond to the call without justifiable grounds by the date on which three days elapsed from the date of call.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to accusation reports and investigation reports (the telephone listening for staff of the Seoul Military Manpower Administration);

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 of the suspended sentence appears to be against the defendant's recognition of the crime of this case, the fact that the defendant is expected to faithfully respond to the call of social service personnel in the future, etc., and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and all of the conditions of sentencing as shown in the arguments of this case, including the circumstances after the crime, shall be determined by taking into account the following factors.