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(영문) 서울동부지방법원 2019.01.24 2018고단3650

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person subject to social work personnel call.

A person who has received a notice of enlistment in active service or a muster shall comply with the enlistment or call within three days from the date of enlistment or call-up, except in extenuating circumstances.

On May 15, 2018, the Defendant did not respond to the call within three days from the date of the call, even though he directly received a notice of call-up to social work personnel (the call-up date: May 31, 2018; the Army Training Center: the Army Training Center) at a residential area in Songpa-gu Seoul, Songpa-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written statement of accuser C;

1. Application of Acts and subordinate statutes to each investigation report (including attached materials);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that it reflects wrongs and that it is deemed that he will faithfully perform the duty of military service);