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(영문) 대구지방법원 포항지원 2020.06.11 2020고단233

병역법위반

Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

A person in receipt of a notice of call-up of social work personnel or substitute service personnel shall not comply with the call-up even after three days from the date of enlistment or call-up without justifiable grounds.

On November 22, 2019, around 31, 2019, the Defendant received a notice of call-up to social work personnel service to respond to call-up to the service call-up to the service call-up to the service call-up to the service call-up to the service call-up to the service call-up to the service call-up to the service call-up to the service call-up to the service call-up to the service call-up of the south-gu Posi-gu at port on the same day, and did not comply with the call-up without justifiable grounds

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes concerning call notice and receipt certificate;

1. In light of the reasoning for sentencing under Article 88(1)2 of the former Military Service Act (amended by Act No. 16852, Dec. 31, 2019); the background leading up to the crime committed by the same type of crime before the instant case; and the Defendant’s attitude does not seem to have any intention to perform military service, a sentence of imprisonment is inevitable.

However, the sentence shall be determined as ordered in consideration of all the conditions of sentencing, such as the defendant's age, career, etc., including the fact that the defendant is recognized to commit a crime and there is no record of punishment as a sentence of imprisonment.