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(영문) 수원지방법원 2014.08.27 2013고단4631

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 4, 2012, the Defendant, who is a person eligible for call-up of public duty personnel, was enlisted in the Suwon-dong Office in Suwon-gu, Suwon-gu, Suwon-si from October 14, 2012 to 31 on October 22, 2012 and completed basic military training for 4 weeks. Although the Defendant received a notice to call-up of public duty personnel under the name of the director of the Incheon Gyeonggi Military Manpower Office to serve as public duty personnel at the Korea Rural Community Corporation's regional headquarters, he did not comply with the call-up by October 25, 2012, for which three days have passed since

Summary of Evidence

1. Defendant's legal statement;

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

1. In full view of all the circumstances, including the fact that the defendant was sentenced to suspended execution once on the ground that he did not enlist in the military, and that the defendant was finally unable to appear in the trial and was executed by the detention warrant issued by the full bench, it is difficult to believe that such intention of enlistment is true.

The sentence shall be determined as stated in the text, taking these circumstances into account.