병역법위반
1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
On August 3, 2012, the Defendant, as a person subject to call-up of public duty personnel, did not respond to call-up without justifiable grounds, even though he received a notice of call-up of public duty personnel under the name of the director general of the Daejeon Southern Military Manpower Administration, which included the contents that “to be enlisted as the 35th volunteer soldier group of the Army on August 27, 2012,” from August 3, 2012.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes stated in the accusation book, notice for convening a public duty personnel service, parcel-post investigation paper, and military register inquiry paper;
1. The main sentence of Article 88 (1) 1 of the relevant Act on criminal facts;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant visited Daejeon Chungcheongnam-nam regional military manpower office to submit an application for postponement of convening a meeting, and submitted the application for postponement of convening a meeting, but the written diagnosis of military service, which is evidentiary materials, cannot be submitted.
Nevertheless, even though the defendant submitted a written diagnosis of military service in the course of investigation, there is no color to seriously reflect the crime, such as making a false accusation as if he/she caused a mistake in the Military Manpower Administration.
However, in full view of all the circumstances revealed in the arguments, including the fact that the defendant's criminal act was committed against this law and expressed his will in military service, the probation and community service order shall be sentenced to a suspended sentence of imprisonment accompanied by probation and community service order as ordered.