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(영문) 인천지방법원 부천지원 2019.08.13 2019고단1581

병역법위반

Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2018, the Defendant was determined to be subject to a Grade 7 follow-up physical examination at the Incheon Military Affairs Agency’s draft physical examination site located in Michuhol-gu Incheon Military Affairs Office, Michuhol-gu, Incheon, and was subject to a follow-up physical examination at Grade 7 months whose recovery period is three months. On that spot, the Defendant directly issued a notice that he would undergo a follow-up physical examination at the draft physical examination site at the Incheon Military Affairs Agency on February 14, 2019, and prepared a receipt and did not undergo a follow-up physical examination on

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Details of the accusation, the statement of the accuser, and details of the accusation;

1. Application of Acts and subordinate statutes governing receipt for follow-up physical examinations;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act (including the fact that there has been no record of punishment for the same kind of crime, the fact that the criminal was led to a confession and reflective attitude, and the fact that the military service has been faithfully fulfilled, such as responding to a follow-up physical examination);