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(영문) 수원지방법원 성남지원 2014.04.11 2014고단313
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 11, 2013, the Defendant received a notice of convening a public duty personnel call under the name of the director of the Incheon Gyeonggi-si Military Manpower Office, which is the head of the Defendant’s mother C, from the Defendant’s office located in Sungnam-si B and B01 to December 26, 2013, and did not comply with the call by December 29, 2013, when three days have elapsed from the call for the call, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Receipt of the call notice for public duty personnel;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 88(1)2 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act include: (a) the accused has committed a crime; (b) has committed a single offense; (c) has faithfully served; and (d) has no previous offense; and (c) has determined the punishment as set forth in the text.

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