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(영문) 부산지방법원 2018.02.13 2017고단4437

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On May 19, 2017, the Defendant, at the Busan Regional Military Manpower Administration located in 301, called the 53 association located in the Busan Regional Military Manpower Administration on July 3, 2017, did not respond to the call without justifiable grounds by the date on which three days have elapsed from the date of call, even though the Defendant directly received a muster notice under the name of the head of the Busan Regional Military Manpower Administration.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement that is written by the accuser;

1. Receipt of the notice of call-up for social service personnel;

1. Application of Acts and subordinate statutes regarding call for military education for social service personnel;

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

1. Although there was a history of criminal punishment for a violation of the Military Service Act on the grounds of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, the crime of this case was committed in addition, despite the fact that the crime of this case was committed, and the liability for the crime of this case is mitigated, the circumstances leading to the crime, the circumstances leading to the crime, and other circumstances after the crime, shall be comprehensively taken into account and determined as the sentence as ordered.