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(영문) 인천지방법원 2016.05.11 2016고단1499

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

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

On September 7, 2015, the Defendant was enlisted in the Army Training Center by October 2, 2015 at the Incheon Military Affairs Branch Office located in the Nam-gu Incheon Metropolitan City, and did not respond to the call even after he directly receives a notice of call-up of social service personnel under the name of the head of the Incheon Military Service Branch Office, which caused four-day basic military training from October 2, 2015, and did not respond to the call within three days from the date of the filing of the suit without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation (an accusation against those who evade the enlistment of social service personnel) and a written accusation;

1. Application of Acts and subordinate statutes concerning receipt of a notice of convening education for social service personnel;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria are not set for the crimes committed in the judgment;

2. Although the Defendant’s failure to comply with the call-up without any justifiable reason despite being notified of the call-up, the Defendant’s recognition of a criminal act and reflects that the Defendant would necessarily comply with the future call-up notice, and the Defendant’s primary offender who has no power to comply with the call-up notice, set the term of punishment and suspended the execution of the sentence.