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(영문) 광주지방법원 목포지원 2020.04.28 2019고단853
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

No person in receipt of a muster notice (including the enlistment notice by recruitment) shall respond to a call even after three days from the date of call-up without justifiable grounds.

The defendant is subject to call-up to social work personnel.

On December 26, 2018, the Defendant did not respond to the call even after three days from the convocation date of the call-up without justifiable grounds, even though he directly received a muster notice under the name of the director of the regional military manpower office in Gwangju Special Metropolitan City, the purport that "to call-up to the Social Service Training Center in the name of 328-33, which is located in 328-33, the Chungcheongnam-gu, Chungcheongnam-gu, Gwangju Metropolitan City Social Service Department and the office located in 119-gilh-ro 8.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation (B);

1. Application of Acts and subordinate statutes concerning receipt of a written accusation against a person evading the call-up to social work personnel service, call-up notice;

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

1. Determination of the sentence like the order shall be made in consideration of the circumstances unfavorable to the defendant, the fact that the defendant has the same criminal records for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant has mistakenly recognized the defendant, the fact that there is no excess criminal records of fines, and other conditions of sentencing including the age, character and conduct

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