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(영문) 의정부지방법원 2016.11.29 2016고단3377
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

When the defendant receives a muster notice as a person eligible for the call-up of social work personnel, he shall comply with the call-up within three days.

Nevertheless, on March 24, 2016, the Defendant issued a muster notice under the name of the director general of the Gyeonggi-do regional military manpower office to convene the Army Training Center in the name of the Defendant, which was located on April 28, 2016, from April 28, 2016, to April 09:00, 47, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and did not comply with the convocation without justifiable grounds by the date three days have elapsed from the call.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes to accusation, call-up for social work personnel, national inquiry;

1. Circumstances unfavorable to the reasons for sentencing under Article 88(1) and (2) of the Criminal Act regarding criminal facts: The criminal defendant is not good in that he does not respond to convening a call even though he is unable to postpone the enlistment date by extending the enlistment date for more than two years due to reasons such as illness, difficulty in livelihood, etc.

The favorable circumstances: the confession of the crime of this case and reflects it, and there seems to be any aspect due to the difficulty of living due to the lack of convocation.

Other: The defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the situation after the crime, etc. shall be considered as factors of sentencing under each subparagraph of Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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