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(영문) 서울남부지방법원 2020.06.17 2020고단1091

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is subject to call-up to social work personnel.

On December 11, 2019, the Defendant directly received a notice to respond to the call-up of social work personnel conducted by the Army Training Center up to 14:00 on January 2, 2020 from the Seoul Regional Military Manpower Office’s Social Service and the office located in Yeongdeungpo-gu Seoul District Military Manpower Office by December 11, 2019, but did not comply with the call-up within three days from the above call-up date without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. A copy of receipt of the call-up notice;

1. Each investigation report (whether they are subject to postponement of enlistment of a suspect, appending a written confirmation, and make statements on a suspect);

1. Application of Acts and subordinate statutes on a copy of confirmation;

1. On July 24, 2019, the Defendant for the reason of sentencing under Article 88(1)2 of the relevant Act on criminal facts was sentenced to two years of imprisonment with prison labor for a violation of the Military Service Act at the Seoul Southern District Court on July 24, 2019, and the judgment became final and conclusive on August 1, 2019, and is currently under probation, and it is inevitable that the Defendant is sentenced to imprisonment with prison labor in that it fails to comply with

In full view of the above circumstances and all the sentencing conditions under Article 51 of the Criminal Act, the punishment as per Disposition shall be determined.