beta
(영문) 수원지방법원 2020.06.18 2020고단2962

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is subject to a call for social service military education.

Although the Defendant received a call notice for military education from the Defendant’s wife D to convene the Army Training Center by April 16, 2020 from the Defendant’s residence on March 16, 2020, the Defendant did not comply with the call within three days from the call date without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. -Written accusation - Notice of convening social work personnel - Registration and delivery status;

1. Application of Acts and subordinate statutes to investigation reports (additional data to be submitted by an accuser - Call notice);

1. Article 88 (1) 3 of the relevant Act on criminal facts;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing under the following) has a record of being sentenced to a fine for the same kind of crime, the fact that the defendant has recognized his mistake and has an attitude of reflecting his behavior, and that the defendant is fulfilling his duty of military service in the future, taking into account the various circumstances that form the conditions for sentencing as shown in the record, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the suspended sentence is to be taken prior to the suspended sentence only once, and the sentence is to