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(영문) 창원지방법원진주지원 2020.11.18 2020고단1406

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, as a person liable for military service on August 13, 2019, failed to undergo a follow-up physical examination without justifiable grounds, even though he received a notice of a follow-up physical examination under the name of the director of the regional military manpower office at Gyeongnam Military Manpower Office, from around 11:00 and from around 13:30 on February 17, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a written accusation, a written notice for a follow-up physical examination, or a written accusation against a evaded draft physical examination;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act ( considered as the beginning offender, confession, the environment of the accused, etc.);