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(영문) 춘천지방법원 2020.11.25 2019고단797
병역법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person liable for military service shall, without justifiable grounds, undergo a draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation on the date of performing the duty, even after receiving the notice of draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation.

Nevertheless, the Defendant, at around 13:50 on May 1, 2019, received a notice of reexamination on May 20, 2019, from C to B on May 20, 2019 on May 13:30, 201, to undergo a draft physical examination on the date without justifiable grounds, although the Defendant directly received the notice of reexamination on May 13:30 on May 20, 201.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning receipt of a written draft physical examination;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. Although the defendant was sentenced to a fine twice due to a violation of the Military Service Act due to a failure to notify his status, etc. on the grounds of sentencing under Article 62(1) of the Criminal Act, the defendant appears to reflect his fault and has fulfilled his duty of military service in good faith after undergoing a follow-up physical examination; there is no particular criminal record other than the above criminal record; and the defendant's age, character and conduct, intelligence and environment, family relations, circumstances at the time of the crime, etc. shall be determined as ordered by taking into account various sentencing factors expressed in the trial process of this case, such as the defendant's age, character

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