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(영문) 서울중앙지방법원 2020.10.15 2020고단3599
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 16, 2019, the Defendant was sentenced to imprisonment with prison labor for a special injury in Seoul Eastern District Court for six months, and the judgment became final and conclusive on October 24, 2019.

Although the Defendant received a notice of physical examination to the effect that he would undergo a follow-up physical examination on May 16, 2019 at the Daegu-dong-gu regional military manpower office located in 63, Daegu-dong-gu, Daegu-gu, Daegu-gu, Seoul-do, and the regional military manpower office around 16, 2019, the Defendant did not undergo a follow-up physical examination on May 16, 2019 without justifiable grounds.

Summary of Evidence

1. Previous records of the defendant's court, written accusation, written notice of receipt of a follow-up physical examination: The application of Acts and subordinate statutes to the criminal records, etc. inquiry report and report on the results of confirmation of dispositions (investigative records No. 86

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act concerning concurrent crimes under Article 87 (3) of the relevant Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act);

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