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(영문) 서울중앙지방법원 2015.06.17 2015고단2691
병역법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

A person who has received a muster notice shall not respond to the call within a fixed period from the call-up without justifiable grounds.

On July 9, 2013, the Defendant received a notice of convening a social work personnel call at the office of the Seoul regional military manpower office and the office of Yeongdeungpo-gu Seoul regional military manpower office to be admitted to the Army Training Center until August 8, 2013, and on August 8, 2013, the Defendant did not respond to the call even after three days from the call, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes governing receipt of notice of call-up for public duty personnel;

1. In light of the Defendant’s age, character and conduct, environment, criminal records, and the circumstances leading to the instant crime, etc. of sentencing under Article 88(1)2 of the relevant Act regarding criminal facts, the Defendant is deemed difficult to serve as a social work personnel any longer, and thus, a sentence identical to the orders falling under the reasons for enlistment in the second citizen service is imposed.

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