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(영문) 대전지방법원 2018.09.13 2018고단2610

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with no military service.

On December 18, 2014, the Defendant did not undergo a physical examination without justifiable grounds, even though he received a notice of the reexamination from the chief prosecutor of the Military Manpower Administration of Daejeon District Military Manpower Administration of 5-ro, 16, Daejeon District Military Manpower Administration of Daejeon District on June 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing a person who evades a re-physical examination, a written accusation, and a certificate of receipt for reexamination;

1. Article 87 (3) of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the confession of the crime in this case is against the law, that there is no previous conviction in the same kind, and that the duty of military service will be faithfully fulfilled.

The sentence identical to the order shall be determined by comprehensively taking account of all the conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case.