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(영문) 서울중앙지방법원 2014.12.11 2013고단5966

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 26, 2013, around 2013, the Defendant was assigned to the first draft physical examination center in Yeongdeungpo-gu Seoul District Military Manpower Office and the first draft physical examination center in Seoul Regional Military Manpower Office, and was assigned to the military service subject to Grade VII (2 months) for a follow-up draft physical, and directly received the notice of a follow-up draft physical examination by April 26, 2013.

However, the defendant did not undergo a physical examination on that date without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt for follow-up physical examinations;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) (the fact that it is necessary to undergo a physical reexamination, and other circumstances) of the Criminal Act;