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(영문) 수원지방법원 2017.11.08 2017고정2449
병역법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Upon receipt of a notice of convening a call-up for military force mobilization training, the defendant shall not be obliged to enlist in the military service at a designated date or to attend an examination without justifiable grounds.

Nevertheless, on April 22, 2017, the Defendant failed to enlist on the designated date without justifiable grounds, even after receiving a notice of convening a call for military force mobilization training under the name of the head of the Military Affairs Administration of the Gyeonggi-do Military Manpower Administration, which caused military forces mobilization training conducted at the military mobilization training site from May 22, 2017 to May 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of accuser C;

1. The notification of convening a training center for mobilization of military personnel, and the application of statutes governing delivery progress;

1. Article 90 (1) of the relevant Act on criminal facts and Article 90 of the Military Service Act on the Selection of Punishment (Optional to Penalty);

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Article 59(1) of the Criminal Act; Article 59(1) is the first offender; Article 59(1) recognizes all the crimes of this case and reflects the fact that there are some circumstances to take account of the circumstances leading to the crime;

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