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(영문) 인천지방법원 2016.05.20 2016고단1937

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Upon receipt of a muster notice to a call-up of social service personnel, the defendant shall comply with the call-up within three days from the date of the call-up.

Nevertheless, on January 15, 2016, the Defendant did not respond to the call even after receiving a muster notice under the name of the head of the Incheon Military Service Office to enlist in the Army Training Center located on the 47th day, such as Seosan-si, Nam-gu, Incheon, and by February 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning the date of convening social service personnel, adjustment and notification thereof, and receipt of notice of convening education for social service personnel;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the criminal defendant is against his/her will and is recognized