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(영문) 서울남부지방법원 2018.07.11 2018고단1269
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On February 8, 2018, the Defendant, as a social service personnel, did not directly receive a call notice for military education of social service personnel under the name of the head of the Seoul Regional Military Affairs Agency, and did not comply with it until February 24, 2018 without justifiable grounds, in the C Station, the Defendant’s service site located in Guro-gu Seoul Metropolitan Government, and “be admitted to the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, 2018 to receive military education.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation issued by the head of the Military Affairs Administration in Seoul;

1. A copy of the notice of call for military education by social service personnel, a copy of the receipt of call for military education by social service personnel, and a copy of the service status;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant did not comply with a call for military education without any justifiable reason, and that he was punished by a fine for violating the Military Service Act in 2015.

However, there are favorable circumstances such as the defendant's recognition of the crime of this case and the fact that the defendant is faithfully attending the call for military education in the future, so the punishment shall be determined as ordered.

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