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(영문) 인천지방법원 2021.03.11 2020고단11324
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person subject to a call for social service personnel.

Although the Defendant received a letter from the Defendant’s house located in the Bupyeong-gu Incheon Metropolitan Government B building and the Defendant’s house located in subparagraph C around November 16, 2020 to December 4, 2020, to comply with the call-up of 346 and social service personnel conducted by the Seoul Metropolitan Transport Corporation, the Defendant did not comply with the call-up without justifiable grounds within three days from the date of the call-up.

Summary of Evidence

1. Statement by the defendant in court;

1. The head of the Incheon Regional Military Affairs Agency's accusation;

1. Notification of the call for social service personnel;

1. Details of Sms transmission;

1. Application of Acts and subordinate statutes to details of receipt of text messages;

1. The main sentence of Article 88 (1) and subparagraph 2 of the same Article concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant recognized the instant crime and responded to the call of social service personnel, and there is no record of the same kind of crime, and the defendant's age, sexual conduct, environment, motive and circumstance of the instant crime, means and consequence, etc., and all of the sentencing factors in the process of trial, including the circumstances after the instant crime, shall be determined as ordered by comprehensively considering the following factors.

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