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(영문) 의정부지방법원 2018.11.28 2018고정1277
병역법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the reserve forces belonging to B.

The Defendant, on March 15, 2018, did not enter the military unit at a designated date and time without justifiable grounds despite the receipt of the letter (D, 47 years of age) to the effect that he/she conducted military force mobilization training in the Gancheon-gun of Gyeonggi-do from April 16, 2018 to April 18, 2018, and from April 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a notice of call-up for military force mobilization training and postal service ledger;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include: (a) recognizing and reflecting the Defendant’s mistake; (b) undergoing supplementary training after the instant case; and (c) taking into account the details of the instant crime and the circumstances before and after the instant crime; (d) the Defendant’s age, sex, environment, etc.

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