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(영문) 수원지방법원 안산지원 2014.06.24 2014고단658
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant shall respond to the call within three days from the call-up notice of the public interest service personnel or the person who has received the call-up notice of the public interest service personnel.

Nevertheless, on November 29, 2013, the Defendant received a notice from the head of the Incheon Gyeonggi-do regional office of manpower call-up to the Army Training Center under the name of the head of the Incheon Gyeonggi-do regional office of manpower administration to respond to the call-up through the Defendant’s mother D on December 19, 2013, at the Defendant’s house located in Ansan-si, Seoul and 102, and did not comply with the call-up without justifiable grounds until December 22, 2013, within three days from the receipt of the notice from the Defendant’s mother D.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes governing receipt of the accusation book, accusation statement, or public duty personnel call notice;

1. The sentence of the Defendant’s punishment is inevitable in that the Defendant committed this case during the period of suspended execution, on the grounds of sentencing under Article 88(1)2 of the pertinent Act on criminal facts (in response to a call-up) of the Military Service Act, on the grounds that the Defendant committed this case during the period of suspended execution: Provided, That the sentence shall be imposed as above in consideration of all the circumstances, including the Defendant’s age, family relationship, and living environment.

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