logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.01.08 2018고단5953
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No person who has received a muster notice shall respond to the convocation within three days from the date of the convocation without justifiable grounds.

Nevertheless, on June 27, 2018, the Defendant directly received a muster notice issued under the name of the director of the Busan Regional Military Manpower Office to serve as a social work personnel from the Busan Central Military Manpower Office from around 301 Busan Regional Military Manpower Office to around 09:0 on September 17, 2018, and from around 09:00 on September 17, 2018, the Defendant did not comply with the convocation by September 20, 2018, without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared B;

1. A notice of convening social work personnel and a receipt of the notice of convening;

1. In light of the following circumstances acknowledged by the evidence above, even if the defendant visited Busan Regional Military Manpower Office on September 14, 2018 and applied for exemption or postponement of a call on September 14, 2018, the application was not received due to lack of documents, and the defendant did not confirm the result or postponement date at all at the time, and did not confirm the result, etc. thereafter to the Military Manpower Administration, the above argument by the defendant is without merit).

1. Where it is inevitable for a criminal defendant to commit the instant crime for reasons of sentencing under Article 88 (1) 2 of the relevant Act concerning criminal facts to commit the instant crime during the period of probation, it is inevitable to punish him/her

However, in consideration of the fact that the defendant is against the crime of this case, and is faithfully serving in the trial, the statutory detention is not possible.

arrow