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(영문) 대구지방법원 포항지원 2016.02.17 2015고단1142

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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.

The Defendant, on June 10, 2015, did not comply with the convocation without justifiable grounds, even though he directly received a notice of convening a social service personnel call in the name of the head of the Military Affairs Administration in the name of the Republic of Korea, from the port post office located in the Republic of Korea, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to call at the office of port and port located in the Republic of Korea from July 27, 2015, to the office of port and port located in the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A written accusation;

1. The application of statutes, such as call-up and notice of call-up of social service personnel, response to request for confirmation of delivery by registered mail, resident registration, etc.;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the same Act, although the defendant evades military service without any special reason, the first offender, the defendant's enlistment in the future, the fact that all of the crimes of this case are recognized and reflected in all of the crimes of this case, and other various sentencing conditions such as the method and result of the crime of this case, the situation after the crime, the defendant's age, sexual behavior, family environment, etc. shall be determined as ordered by taking into account the following factors.