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(영문) 대전지방법원 천안지원 2016.06.30 2016고정239
병역법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person with no military service.

On October 10, 2015, the Defendant received a notice of call for military force mobilization training under the name of the head of the Military Affairs Administration in the name of the Republic of Korea, which would cause the mobilization training conducted by 32 association mobilization from November 3, 2015 to May 5, 2015.

Nevertheless, the defendant did not enlist on the above designated date without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the written accusation;

1. Article 90 (1) of the relevant Act on criminal facts and Article 90 of the Military Service Act on the Selection of Punishment (Optional to Penalty);

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the suspended sentence under the Criminal Act has a record of being sentenced to a fine once for the crime of this type. Meanwhile, the defendant's application for postponement of military force mobilization training was not approved despite the application for postponement of military force mobilization training, it appears that the defendant appeared to attend the military force mobilization training for the non-indicteds after the defendant, the defendant has no record of being punished for the same kind of crime or of being sentenced to criminal punishment exceeding a fine, recognition of the crime, reflects the defendant's age, sexual behavior, environment, and other various conditions of sentencing as shown in the argument of this case.

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