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(영문) 대전지방법원 천안지원 2018.09.20 2017고단2724

병역법위반등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 28, 2015, the Defendant was sentenced to 10,000 won of imprisonment and fine of 50,000 won for a crime of violating the Military Service Act in the Gwangju District Court's net support on January 28, 2015, and completed the execution of the sentence in the Heung prison on January 1, 2016.

The defendant of "2017 Highest 2724" is a person without military service who is subject to the call-up of social service personnel.

On June 28, 2016, the Defendant received a notice of convening a meeting of social service personnel from the Defendant’s house located in Asan City B and C around 13:00 to the 32th association of the Republic of Korea in the case of special autonomy of Sejong Special Self-Governing Province on June 27, 2016, but did not comply with the convocation by the date on which three days have elapsed from the convocation date without justifiable grounds.

The Defendant of the 2018 Highest 1924, May 21, 2018, at the “Felurur” of the operation of the Victim E in 00:30 on May 21, 2018, at the end of the day.

5. The sum of 302,000 won in cash owned by the victim in his/her depository room where the victim crepits the crepit, while employed by his/her employees, and reported the rush to the rush;

In other words, they stolen them.

Summary of Evidence

“The following evidence out of the evidence of 2017 order 2724 of the Act:

1. Written inquiry about criminal history, etc.;

1. Investigative report (verification of crimes committed by the same type of force and repeated crime period), the judgment attached thereto, and the current status of confinement of individuals "24 highest order of 2017";

1. Statement by the defendant in court;

1. "Notice of the 2018 Highest 1924" to the chief of an accusation, a written accusation, or a call-up of a social service personnel;

1. Statement by the defendant in court;

1. E statements;

1. Application of the investigative report (the CCTV images to the victim at the scene of the crime) Acts and subordinate statutes;

1. Relevant Article 88 (1) 2 of the relevant Act concerning criminal facts and Article 88 (1) of the Military Service Act (a failure to convene a meeting of social service personnel) and Article 329 of the Criminal Act (abstinance of intention and choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant committed the same kind of crime in this case again even during the period of repeated crime due to a violation of the Military Service Act on the grounds of sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 50 of the same Act.