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(영문) 서울북부지방법원 2016.11.18 2016고단504

병역법위반

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

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

On September 11, 2014, the Defendant directly received a notice of convening a social work personnel call in the name of the director general of the Seoul Regional Military Manpower Office to enlist in the Army Training Center located in the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, as of October 10, 2014, and did not respond to the call after three days from the call, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant asserts that there is a justifiable reason, as the defendant did not respond to the wind of hospitalization due to brusium, the date adjustment and notification of the date of convening the social work personnel service, the receipt of notice, the guidance for extension of the enlistment date, and the response to fact-finding (D Foundation E Hospital). However, according to the evidence examined in this court, it is difficult to view that the defendant's brusium is a minor brusium disease and a justifiable reason for not responding to the call-up.) of the law.

1. The grounds for sentencing under Article 88 (1) 2 of the pertinent Act on criminal facts include the fact that a defendant has been sentenced to a stay of six months of imprisonment for violating the Military Service Act in 2010, the service period of social work personnel, the attitude of a defendant who shown before and after a crime, the living relationship of a defendant and his criminal records, etc., as stated in the disposition;