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(영문) 대구지방법원 서부지원 2016.12.23 2016고단675

병역법위반

Text

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

Reasons

Punishment of the crime

On August 30, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for violating the Military Service Act at the Daegu District Court on August 30, 2013, and completed the execution of the sentence in the Daegu Prison on August 8, 2014.

On December 10, 2014, the Defendant, as a person subject to call-up to social work personnel service, did not respond to call-up of 3 days after the lapse of 7 days without justifiable grounds, even though he received a call-up notice to social work personnel service personnel service personnel service, from the Daegu-gu regional military manpower office to 14:00 on January 5, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A list of persons to be called social work personnel;

1. Certificate of receipt of the enlistment notice;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (verification of suspect repeated records)-related Acts and subordinate statutes;

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

1. The defendant of the reason for sentencing under Article 35 of the Criminal Act, among repeated offenders, seeks the wife by asserting health conditions, family environment, and military service failure. However, this case is punishable by imprisonment only under the statutory penalty, and the defendant is disqualified from the suspension of execution. Therefore, the sentence of imprisonment is inevitable.

In addition, since it is doubtful whether the defendant can faithfully perform military service after the completion of punishment, it is questionable that the defendant will be sentenced to imprisonment like the disposition.