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(영문) 서울남부지방법원 2020.06.10 2020고단748
병역법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is subject to call-up to social work personnel.

A person who has received a muster notice as a social work personnel shall comply with the call within three days from the date of call.

However, on December 2, 2019, the Defendant directly received a muster notice under the name of the director of the Seoul Regional Military Manpower Office, stating that he would respond to the call according to the enlistment examination of the Army Training Center by January 2, 2020 in the Seoul District Military Manpower Office located in Young-gu Seoul, Yeongdeungpo-gu 43-ro 13 (Seodong-dong), and did not respond to the call even after three days from the date of the call without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

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

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

1. Four months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Article 59(1) of the Criminal Act) (i.g., that the Defendant was suffering from a heavy depression for a long time, and thus, could not undergo a physical examination before the date of convening a physical examination hospital for a certain period of time); (ii) there are extenuating circumstances in which the Defendant could not be deemed to have failed to enlist with a conclusive intent to evade the duty of military service; (iii) the Defendant again received a muster notice after the completion of the instant criminal case; and (iv) there is no record of criminal punishment on

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