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(영문) 서울동부지방법원 2020.02.05 2019고단3730

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 subject to a call-up notice as a social work personnel member shall not comply with the call-up within three days from the date of call-up without justifiable grounds.

On September 6, 2019, the Defendant directly received the enlistment notice from the Seoul regional military manpower office located in Songpa-gu Seoul Metropolitan City, Sungcheon-ro 46-ro 2, and on October 10, 2019, the Defendant was required to comply with the call to the Army Training Center C in Songpa-gu Seoul, Songpa-gu, Seoul, and did not comply with the call within three days thereafter.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (report on confirmation of the fact of Military Affairs Administration);

1. Application of the adjustment Acts and subordinate statutes on the date of convening a written accusation or a notice of social work personnel;

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

1. In full view of the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act requires the Defendant to faithfully serve in the future; (b) the primary offender who has no record of punishment; (c) the Defendant’s health condition; and (d) the conditions for sentencing specified in the trial process of the instant case, including the circumstances after the commission of the crime,