beta
(영문) 인천지방법원 2016.01.27 2015고단7923

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for larceny, etc. at the Incheon District Court on December 22, 2014, and the said judgment became final and conclusive on December 30, 2014, and is currently under suspended sentence.

[2] On July 2, 2015, the Defendant, as a person subject to call-up of social service personnel, failed to respond to call-up without justifiable grounds by the date three days after the date of call-up, even though he/she received a notice of call-up of social service personnel under the name of the head of the Incheon Military Branch Office to respond to call-up of the Army Training Team located in the Nam-gu Incheon Metropolitan City, Seo-gu, Incheon, and 103 from the non-permanent point of view that the Defendant’s dwelling place located in his/her residence B or 103, by facsimile.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written accusation;

1. The date of convening the social service personnel, adjustment and notification thereof, and receipt of the notice of convening the education for social service personnel;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and investigation report-related Acts and subordinate statutes;

1. It is difficult to avoid sentence of a sentence on a crime committed by a criminal defendant on the grounds of sentencing under Article 88(1)2 of the pertinent Act as to a crime under Article 88(1)2 of the Military Service Act, for which only a statutory penalty is prescribed during the period

However, the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the following factors: the defendant's age, sex and environment; the motive, means and consequence of the crime; and the circumstances after the crime.