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(영문) 대구지방법원 2016.09.29 2015고단3785

병역법위반

Text

A defendant shall be punished by imprisonment for not more than ten 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 notice of call-up as a person subject to social service personnel, the defendant shall enlist within three days from the date of call-up.

Nevertheless, the Defendant, on June 11, 2015, did not respond to the call without justifiable grounds by not later than three days from the date of call, even though he/she directly delivered a muster notice under the name of the head of the regional military affairs administration of Daegu-Gu to respond to the call to the 50 unit of the 50 unit located in the 780 North-gu, Daegu-gu, Daegu-gu, Daegu-gu, to the 780 territory around July 6, 2015.

Summary of Evidence

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

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of enlistment notice;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant has several criminal records.

The favorable circumstances: The defendant does not have the same criminal records.

In addition, the sentencing conditions specified in the trial process of this case, such as the defendant's age, sex, environment, motive of crime, and circumstances after crime, shall be determined as ordered.