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(영문) 대구지방법원 포항지원 2014.07.23 2014고단526
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person eligible to call public interest service personnel.

On July 20, 2013, the Defendant received a notice of call for education of public duty personnel in the name of the director general of the Daegu-gu regional military manpower office in the name of the Daegu-gu regional military manpower office, and did not respond to the call for education from the call for education of public duty personnel in the name of 50 group located in the Daegu-gu North Korean military manpower office on August 12, 2013, and did not respond to the call within three days from the call for education without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes of the name cards of persons evading military service, call-up of public duty personnel service and call-up notice, list of persons to be called-up;

1. The reason for sentencing under Article 88(1)3 of the relevant Act on criminal facts is that the Defendant committed the instant crime during the period of probation for which three months have not passed since he/she was sentenced to a suspended sentence on May 16, 2013, because he/she failed to comply with a public duty personnel notice prior to the instant case and was prosecuted for a violation of the Military Service Act, and thereafter faithfully served at the time of the judgment, it is inevitable to sentence sentence in light of the following:

However, the punishment as ordered shall be determined in consideration of the fact that a person, alone, has failed to perform his duty of military service, the fact that there is no criminal record exceeding the fine except for a violation of the above Military Service Act, the age, character and conduct of the defendant, and the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as

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