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(영문) 수원지방법원 성남지원 2016.02.16 2015고단2469
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 7, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act in the Sung-nam branch support of the Suwon branch, and was sentenced to two years of suspended execution on October 15, 2014, which became final and conclusive on October 15, 2014, and is currently under suspended execution.

1. On March 18, 2015, the Defendant did not comply with the call-up of education without justifiable grounds by the date three days after the call-up notice was issued by the head of the Military Affairs Administration in the name of the head of the Incheon Gyeonggi-si, to respond to the call-up of social service personnel, to the Army Training Center located in the Geumcheon-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si on April 9, 2015 at the Defendant’s house located in Gwangju-si, 104-dong 201.

2. The Defendant, who served in Gwangju Viewing D, did not attend the Gwangju Viewing Office from April 9, 2015, April 22, 2015 to May 8, 2015, and went away from service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

2. Written E, F, and G respective certifications;

3. A written accusation and a written investigation into the escape from service;

4. Certificate of receipt of the notification;

5. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the person under command and confirmation).

1. Article 88 (1) of the relevant Act on criminal facts; subparagraph 1 of Article 89-2 of the Military Service Act on criminal facts;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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