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(영문) 서울서부지방법원 2020.05.19 2019고단4235
병역법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant of "2019 Highest 4235" is a person liable for military service, and a person subject to a follow-up physical examination shall not undergo a physical examination on the day he/she performs his/her duty without justifiable grounds

Nevertheless, on June 19, 2018, the Defendant did not undergo the reexamination on the date of performing the above duties without justifiable grounds, even though the Defendant directly received the notice of physical reexamination (re-examination date: by February 19, 2019, by February 19, 2019, and by February 19, 2019) from the second draft physical examination place in the Seoul Regional Military Manpower Office, which was located 43-gilo-ro 13, Yeongdeungpo-gu Seoul Metropolitan Government.

The Defendant was an employee in the “D” restaurant operated by the Victim C, “20 Godan591”.

On November 21, 2019, at around 02:16 to 02:29, the Defendant left the above “D” restaurant located in Mapo-gu Seoul Mapo-gu Seoul, and opened a window and kept cash, 10,000 won in cash, 2, 5,000 won and 4,000 won in market price.

Accordingly, the Defendant invadedd the structure managed by the victim at night, and stolen the property owned by the victim.

Around January 23, 2020, the Defendant stated that the Defendant would send the above clothes to the victim B, who had contacted with the victim B by reporting the writing posted by the Defendant to the “F”, a middle goods trading pattern, to the effect that the Defendant would sell a Stonaland pocket book.

However, the defendant did not have the intention or ability to sell the above clothing to the victim.

As above, the Defendant deceivings the victim and received 130,000 won from the G bank account (H) in the name of the Defendant.

The Defendant, on January 1, 2020, sold “Ston Sck Sheet” on the Internet’s trading site “F” bulletin board at the BKackb, Mapo-gu, Seoul, on January 1, 2020.

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