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(영문) 인천지방법원 2018.05.10 2018고단1241
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Upon receipt of a notice of call-up to a person eligible for social service personnel, the defendant shall comply with the call-up within three days from the date of call-up.

Nevertheless, on June 20, 2017, the Defendant issued a muster notice to call to the Incheon Southern-gu Incheon Metropolitan City Incheon Metropolitan City Incheon Metropolitan City Urban Transportation Corporation on July 24, 2017, but did not respond to the call within three days from the convocation date without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, the date on which the convening of a social service personnel is adjusted and notified, a receipt of a written complaint, and a written accusation;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. Although the crime of this case is not likely to be committed again during the suspension period of execution for the same kind of crime as the sentencing of Article 62(1) of the Criminal Act, the defendant will serve in good faith in the future;

It is determined as ordered by taking into account the circumstances favorable to the defendant such as the fact that the defendant's age, sex, environment, motive and means of the crime, result, etc., and all of the sentencing factors as shown in the arguments in this case, such as the circumstances after the crime, etc.

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