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(영문) 대구지방법원 2015.03.26 2014고단6637

병역법위반

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person subject to 50 social work personnel call.

A person who has received a muster notice shall not respond to the call for the period of three days from the call for social work personnel service without justifiable grounds.

In spite of the receipt of the enlistment notice under the name of the director of the Daegu Gyeong-do regional military manpower office on June 20, 2014, the Defendant visited Daegu Gyeong-gu regional military manpower office located in 63 located in Daegu dong-gu, Daegu 2014 from the person in charge, and called 50 company units located in the 50 company unit located in the Gyeong-gu, Daegu Gyeong-dong on July 21, 2014, the Defendant failed to respond to the call without justifiable grounds by the date three days after the date of call.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the chief of a accusation, a name card of a person evading the military service, a copy of the call-up notice;

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 in the suspension of execution of the duty of military service is that the defendant has evaded the performance of the duty of military service: Provided, That the punishment as ordered in the Disposition shall be determined by taking full account of the following circumstances: the defendant's active duty of military service, such as the fact that the defendant is able to faithfully perform his duty of military service as he was divided by mistake; the defendant's motive, background, means and method of the crime in this case; the circumstances before and after the crime in this case; and