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(영문) 대구지방법원 안동지원 2017.03.21 2016고단797

병역법위반

Text

A defendant shall be punished by imprisonment for four 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

On November 25, 2014, the Defendant received a physical examination from the chief prosecutor of the Military Manpower Administration in Daegu-gu, Daegu-gu District Military Manpower Administration, 63, and received a notice of the follow-up physical examination at the same place on the same day.

However, on February 25, 2015, the date of the reexamination, the defendant refused to undergo the reexamination without justifiable grounds, and failed to undergo the reexamination on March 15, 2015, one month after the recovery period expires.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing a certificate of re-physical examination;

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

1. Article 62(1) of the Criminal Act on the stay of execution (a) that the criminal defendant admits his/her wrong mistake, speaks against him/her, and wishes to undergo a follow-up

The sentencing conditions specified in the records and arguments, such as the age, sex and environment of the defendant, and circumstances after the crime, shall be considered.