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(영문) 춘천지방법원 2016.04.05 2016고단75
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

No one shall, in receipt of a muster notice, comply with a muster notice even within three days from the date of the convocation without justifiable grounds.

Although the Defendant received a notice of convening a call-up for social service personnel to the Army Training Center located in the Geum-gu, Sinsan-si, Sinsan-si by November 14:00 on September 2015, 2015, the Defendant did not comply with the call-up without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, accusation, written accusation, notice on the call of social service personnel, and notice on the call of social service personnel;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. In light of the legislative intent of Article 62(1) of the Act on the Suspension of Execution and Punishment of the Military Service Act, it seems that a strict punishment is necessary for the defendant. However, the defendant appears to have committed a mistake, the defendant appears to have taken into account the circumstances that he did not respond to the call, the defendant is faithfully complying with the enlistment procedure, the defendant's primary offender who has no criminal history, and the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered by the decision of the court.

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