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(영문) 서울남부지방법원 2017.03.21 2016고단3401

병역법위반

Text

1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who has received a physical examination notice shall undergo the physical examination on the relevant date unless there is any justifiable reason not to do so.

Nevertheless, on March 12, 2014, the Defendant directly received a notice of physical examination from the chief prosecutor of the Military Manpower Administration No. 1 of Seoul District Military Manpower Administration that he/she was designated as a person subject to the follow-up physical examination conducted on February 12, 2015, and did not undergo the follow-up physical examination on the date of the follow-up physical examination without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation issued by the head of the Military Affairs Administration in Seoul;

1. A written accusation;

1. Notice of physical reexamination and application of Acts and subordinate statutes governing receipt of the physical reexamination; and

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201).