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(영문) 수원지방법원 성남지원 2018.04.12 2018고정139

병역법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person with no military service.

On October 11, 2017, the Defendant received a notice of convening a call for military force mobilization training under the name of the head of the regional military affairs office in the name of the Defendant C, but failed to enlist on the above date without justifiable grounds, even though he received the notice to participate in military force mobilization training conducted at the personnel headquarters central supplement of the personnel headquarters from October 30, 2017 to November 1, 201 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes as a result of inquiry into a copy of a list of call-up for mobilization of military forces and registered mail;

1. Article 90 of the relevant Act on criminal facts, Article 90 of the Military Service Act on the Selection of Punishment, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (a punishment to suspend a sentence: Fines of 700,000 won, detention in a workhouse: 100,000 won per day) (see, e.g., circumstances to consider the circumstance in which a defendant was not enlisted in the military, such as the fact that the defendant is recognized and against criminal facts, the primary offender, the traffic situation, and the mistake of the defendant, etc.);