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(영문) 인천지방법원 2015.05.15 2015고정583
병역법위반
Text

1. The defendant shall be punished by a fine of 500,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant is liable for military service.

around July 10, 2014, the Defendant received a notice of convening a military force mobilization training under the name of the director of the Incheon and the director of the Gyeonggi-do regional military manpower office, that he would undergo military force mobilization training conducted at the training site for the 73 group rearrangement training site for the Nam-si located in Nam-si, Namyang-si from August 11, 2014 to August 13, 2014, but failed to enlist on the above designated date without justifiable grounds.

Summary of Evidence

1. Although the Defendant was present at the first trial date and did not enlist in the military force mobilization training on the designated date despite having received a muster notice that he would cause the Defendant to undergo military force mobilization training, this did not appear on the second trial date following the Defendant stated that he was concerning other association, not on the mobilization training site for the 73 team, and did not appear on the third trial date which was again determined without justifiable grounds.

However, in full view of the macroscopic evidence, the defendant was found to be unable to participate in military force mobilization training conducted at the 73th military mobilization training site, such as gushes.

1. Application of Acts and subordinate statutes to the charge of accusation or accusation statement;

1. Article 90 (1) of the relevant Act concerning facts constituting an offense and Article 90 (1) of the Military Service Act that selects Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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