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(영문) 제주지방법원 2014.07.31 2014고단676

병역법위반

Text

A defendant shall be punished by imprisonment for six 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 is subject to call-up to social work personnel.

The defendant, at around 16:30 on January 27, 2014, called Seopo Medical Center from February 24, 2014 to 09:00 on February 24, 2014, in the dwelling of the defendant in Seopoposi C, did not respond to the call without justifiable grounds, even though he received a muster notice under the name of the director of the regional military manpower office having jurisdiction over the Jeju Military Manpower Office, within three days from the convocation date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning receipt of a notice of call to social work personnel;

1. Relevant Act on criminal facts: Article 88 (1) 2 of the Military Service Act;

1. Suspension of execution: A sentence shall be imposed as ordered in consideration of all the following circumstances, taking into account the reason for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act), including the following circumstances into consideration. A sentence shall be imposed as ordered in consideration of the circumstances: A favorable normal circumstance: (a) the recognition of a crime; (b) the recognition of a crime; (c) the status of the wife and children; (d) the status of the 36 years old; and (e) the response to the future call-up; (c) a person was sentenced to a fine of 300,000 won for a violation of the Military Service Act in 201; and (d) the person was sentenced to a suspended sentence of 10 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicle) in 202; and (e) other person was sentenced to a fine of