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(영문) 부산지방법원 2017.05.31 2015고단6004
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 3, 2014, the Defendant directly received the notice that he would undergo a reexamination from the chief prosecutor of the Daegu-gu Military Manpower Administration (three months of recovery period) on July 14, 2014, after undergoing a physical examination from the chief prosecutor of the Daegu-gu Military Manpower Administration, located within the dong-gu, Daegu-gu District Military Manpower Administration (63 months of recovery period) and received the notice that he would undergo a reexamination on July 14, 2014.

A person who has been notified of a physical reexamination shall undergo a follow-up physical examination within one month from the date of the follow-up physical examination, but the defendant did not undergo a follow-up physical examination without good cause even after one month has passed from the date of the follow-

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Application of the Acts and subordinate statutes on the written accusation;

1. The reason for sentencing under Article 87(3) of the former Military Service Act (amended by Act No. 14183, May 29, 2016) with respect to criminal facts is that the defendant, on the date of sentencing of this case, runs away from the date of sentencing of this case, does not seriously repent with regard to his criminal facts, and as such, the defendant has no intention to perform his duty of military service, and thus, a sentence of imprisonment is inevitable.

In addition, the punishment as ordered shall be determined in consideration of the conditions of sentencing, such as the defendant's age, sex, environment, background leading to the crime, means and methods of the crime, results, and the circumstances after the crime.

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