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(영문) 서울북부지방법원 2018.01.10 2017고단3101
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On August 11, 2016, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Suwon prison, and was released on March 3, 2017 during the execution of the sentence, and the parole period expired on May 10, 2017.

[Criminal facts] Upon receipt of a notice of convening a meeting of social service personnel, the Defendant must respond to the meeting within three days from the date of filing the meeting.

Nevertheless, on April 19, 2017, the Defendant did not respond to the call without justifiable grounds by not later than three days after the date of call, even though he received a call notice from the Defendant’s father D to convene the Seoul Military Manpower Administration by May 22, 2017 at the residential area of the Dongdaemun-gu Seoul Military Manpower Administration.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notice of call-up of social service personnel ( May 22, 2017) and the current status of delivery of copies;

1. Report on investigation (to hear statements from persons in charge of accusation);

1. Investigation report (to hear statements from the competent officer of the Seoul Regional Military Manpower Administration);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (prior convictions and confirmations of repeated crimes), and the current status of acceptances by individuals;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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