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(영문) 서울중앙지방법원 2014.04.30 2014고단1443

병역법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person subject to call-up to public duty personnel service.

On October 8, 2010, at around 11:23, 2010, the Defendant sent a notice to call a call-up to the Army Training Center in the name of the Seoul Regional Military Manpower Office on November 18, 2010 through the Defendant’s mother C at the Defendant’s house located in Seongdong-gu Seoul Metropolitan Government B apartment 108 Dong 1504, and did not comply with the call-up without justifiable grounds until November 21, 2010, when three days have elapsed from the call-up.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A complaint filed by the Seoul regional military manpower office;

1. Written statements of D;

1. Application of Acts and subordinate statutes to domestic registration and inquiry meetings, C private written reasons, public notice for convening public duty personnel service, and list of eligible persons for convening public duty personnel;

1. Article 88(1)2 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. Article 62 (1) of the Criminal Act (see, e.g., circumstances leading to criminal conduct, the confession of the defendant, and the fact that the defendant is willing to faithfully comply with the call after the suspension of execution);