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(영문) 인천지방법원 2016.04.22 2016고단1581

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Upon receipt of a muster notice from the call-up notice to a public duty personnel member, the defendant shall comply with the call-up within three days from the date of the call-up.

Nevertheless, on December 21, 201, the Defendant did not respond to the call even after receiving a muster notice under the name of the head of the Seoul Regional Military Affairs Administration to enlist in the Army Training Center 39 company located in the window of Changwon-si from Seoul Seocho-gu around December 21, 201, and until January 9, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written accusation;

1. The application of statutes governing the date of call-up of public duty personnel, adjustment and notification, and receipt of written notice;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Jan. 1, 201