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(영문) 서울북부지방법원 2016.05.25 2016고단821

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Although the Defendant directly received a written notice of a follow-up physical examination under the name of the head of the Seoul Military Manpower Administration, the Defendant did not undergo the follow-up physical examination from the second prosecutor of the Seoul Military Manpower Administration located in Dongdaemun-gu Seoul on December 16, 2015 at the Defendant’s house located in Dongdaemun-gu Seoul on August 17, 2015, which was 43 13-gilh from the bank located in Yeongdeungpo-gu Seoul Military Manpower Administration, the Defendant did not undergo the follow-up physical examination without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. The application of statutes governing re-physical examination notices and receipt certificates;

1. Article 87 (3) of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act (the fact that he makes a confession and confessions against his will and the duty of military service shall be faithfully fulfilled;

being taken into account, such as being in progress)

1. The community service order under Article 62-2 of the Criminal Act;