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(영문) 제주지방법원 2020.05.29 2019고단1993

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 eligible for call-up for military education as a social work personnel.

On May 8, 2019, the Defendant called the Jeju regional military manpower office located in 59 as the Jeju regional military manpower office, and the military education provided from June 10, 2019 to June 28, 2019 on June 14:0, 2019 to the 91 unit unit of the Marine Corps of the 14:00 Marine Corps of the 9nd Marine Corps of the 9nd Marine Corps of the 2019.

"A person who has received a notice of call for military education under the name of the director of the Jeju Military Manpower Office, but fails to comply with the call for military education even three days after the date of call for military education.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of statutes governing receipt of a notice of call for social work personnel service, notice of call for military education, or call for military education;

1. Article 88(1)3 of the former Military Service Act (Amended by Act No. 16852, Dec. 31, 2019) regarding criminal facts

1. Article 62 (1) of the Criminal Act;

1. The Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution in the appellate court, when he was sentenced to six months of imprisonment with prison labor at the first instance court around 2013 as he was deprived of without permission while serving as a public interest service personnel.

Nevertheless, the Defendant again violated the Military Service Act as stated in the above facts constituting the crime, and there seems to be no inevitable circumstance in the process of committing the crime.

The defendant's mistake is recognized, and the defendant's age, criminal records, character and conduct, environment, means and result of crime, the circumstances after the crime, etc. of this case and all the sentencing conditions shown in the arguments shall be determined as the order.