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(영문) 대전지방법원 천안지원 2017.05.18 2015고단1713
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

A person who has received a physical examination notice shall undergo a physical examination, etc. on the relevant date unless there is any justifiable reason.

On February 13, 2014, around 16:00, the Defendant was judged to be Grade 7 due to a mental disorder from the chief prosecutor of the Daejeon District Military Manpower Administration, Daejeon District Military Manpower Administration No. 16-ro 5, Daejeon District Military Manpower Administration on February 16, 201, and the Defendant was issued a notice of a follow-up physical examination on August 18, 2014, but did not undergo a follow-up physical examination without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of a notification of physical reexamination;

1. Article 87 (3) of the relevant Act on criminal facts;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence shall be determined as ordered in consideration of the fact that the defendant recognized his/her mistake and reflects his/her mistake, the fact that there is no history of criminal punishment heavier than the fine, and the defendant's age, sex, environment, motive for the crime, means and consequence, circumstances after the crime, etc.

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