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(영문) 서울남부지방법원 2013.04.16 2013고단781

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 1, 2012, the Defendant, as a person eligible for call-up to public duty personnel service, received directly a notice of call-up to public duty personnel service under the name of the director of the Seoul Military Manpower Office to enlist in the Army Training Center on November 15, 2012, and did not comply with call-up by the third day from the above call-up without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written accusation;

1. Article 88 (1) of the Military Service Act concerning criminal facts;

1. The sentence specified in the main sentence shall be determined by comprehensively taking into account the following factors: (a) there is no record that the defendant had been punished for the reason of sentencing under Article 62(1) of the Criminal Act; and (b) the defendant expressed his intent to discharge military service in the future; and (c)

It is so decided as per Disposition for the above reasons.