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(영문) 인천지방법원 2014.04.21 2014고단1508

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

When the defendant receives a muster notice from the call-up notice for social work personnel, he shall comply with the call-up within three days.

Nevertheless, on November 1, 2013, the Defendant received a muster notice issued under the name of the director of the Incheon Gyeonggi-do regional military manpower office to call to the Army Training Center located in Chungcheongnam-si on December 12, 2013, and did not comply with the call without justifiable grounds by no later than three days after the date of call, even though it received a muster notice issued under the name of the director of the Incheon Gyeonggi-do regional military manpower office to call to the Army Training Center located in Chungcheongnam-si on December 14, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. It is so decided as per Disposition for the reason that Article 62(1) of the Criminal Act (the defendant is against his duty of military service and the duty of military service is fulfilled) is more than that of the Criminal Act;