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(영문) 수원지방법원 2016.05.04 2015고단3343

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person subject to a call for social service personnel.

On April 27, 2015, the Defendant did not respond to the call without justifiable grounds even after receiving a notice of convening a social service staff member under the name of the head of the Incheon Gyeonggi-si Military Affairs Administration in the name of the head of the U.S. Military Affairs Administration, to call from the Social Welfare Department office of the Incheon Gyeonggi-si on June 1, 2015 at the office of the Social Welfare Branch of the Gyeonggi Military Manpower Administration located in Suwon-si, Suwon-si, Suwon-si on April 27, 2015.

Summary of Evidence

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

1. A written statement which is the accuser B;

1. A written accusation;

1. Investigation report (the senior officer B of the Military Manpower Administration for the Senior Military Manpower Administration, B telephone communications);

1. Coordination and notification of the date of convening a meeting of social service personnel;

1. Application of Acts and subordinate statutes concerning receipt of a notice of convening social service personnel;

1. The defendant, on the grounds of sentencing under Article 88 (1) 2 of the pertinent Act on criminal facts, was tried for the same kind of crime, and subsequently, was sentenced to a suspended sentence of imprisonment with prison labor because he/she complied with the call as a social service personnel, but was again sentenced to a suspended sentence of imprisonment with prison labor. As such, the defendant was sentenced to imprisonment with prison labor for not less than five months after he/she went again.

Provided, That the defendant shall be sentenced to the punishment as ordered in consideration of the fact that he/she has no other criminal record except the above criminal record, and the circumstances leading to the crime, etc.