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(영문) 제주지방법원 2015.02.06 2014고단1688

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 27, 201, the Defendant was sentenced to two years of suspended execution on September 27, 201 to a violation of the Military Service Act by the Incheon District Court on September 27, 201, due to an act of evading enlistment in the military on the date of enlistment as public duty personnel without justifiable grounds, and the judgment was finalized on October 5, 201

On March 2, 2012, when the above probation period was in place, the Defendant came to know of the fact that he received telephone calls from the staff in the Military Manpower Administration and served in the 35th session of March 19, 2012, and provided that he would inform the said staff of the place, etc. to be served with the notice. However, the Defendant left the country, including Gangwon-do, etc. for about two years after leaving the dwelling place in Pyeongtaek-si for the purpose of evading service.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the charge book, a written accusation, a criminal investigation report (former and attachment of judgment);

1. Article 86 of the Military Service Act applicable to criminal facts: Article 86 of the same Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: A sentence shall be determined as ordered by taking into account all the following circumstances with the reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc.: The fact that the facts of crime are recognized and seriously reflected, the possibility of performing the duty of military service still remains, and circumstances unfavorable to the fact that a person surrenders himself: A bad quality of a crime in light of the circumstances of crime: It is decided as per Disposition for the reason that the motive, circumstances, the age, career, family relationship, etc