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(영문) 수원지방법원 성남지원 2020.07.21 2020고단423

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

Punishment of the crime

A person who has received a call-up notice to social work personnel shall comply with the call-up within three days from the date of enlistment or call-up without justifiable grounds.

On July 23, 2019, the Defendant, as a person subject to call-up to social work personnel, failed to respond to call-up within the above period without justifiable grounds, even though he/she directly received a call-up notice, after completing four-day basic military training conducted by the Army Training Center at the Army on August 29, 2019.

Summary of Evidence

1. The police suspect interrogation protocol, accusation statement, call notice, investigation report [the defendant asserts that there is a justifiable reason for failing to respond to the call-up of social work personnel because of lack of time and economic circumstances for administrative appeal, but this court duly adopted and investigated evidence, namely, the defendant's notice of call-up to social work personnel service was delivered to the defendant's address on July 23, 2019 and received directly by the defendant, the defendant's application for reduction of and exemption from military service and his objection was rejected, and the Military Manpower Administration sent a notice of call-up to the defendant's address, but was not delivered as a closed document, but was not delivered as a closed document, and the defendant was found to have received a written decision to reject the objection two days prior to the date of enlistment; the administrative ruling was dismissed on the ground of the defendant's argument; the request for administrative appeal alone does not suspend execution; and the defendant's assertion cannot be viewed as a justifiable reason solely based on the defendant's assertion in light of the nature of the duty of military service granted to citizens under the Constitution];

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

1. Article 62(1) of the Criminal Act: