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(영문) 서울중앙지방법원 2017.11.30 2017고단7106
병역법위반
Text

A defendant shall be punished by imprisonment for not less than three 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

Around March 3, 2009, the Defendant directly received the notice of a new draft physical examination from the Defendant’s home located at the Dongjak-gu Seoul Metropolitan Government Military Affairs Branch on March 30, 2017, to the effect that “I undergo a new draft physical examination at the Gyeonggi Military Affairs Branch on March 30, 2017.”

Nevertheless, without good cause on March 30, 2017, the defendant did not undergo a new military service judgment at the branch office of the North Korean military affairs branch of the Gyeonggi-do government, which is located in the 76 unit of the government of the Gyeonggi-do.

Accordingly, the defendant did not undergo a re-military service determination on the day when he performed his duty without any justifiable reason even though he received a notice of re-military service determination.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on the screen of a written accusation, written accusation, written statement of accusation, mail delivery, and written notice of a military service determination prosecutor;

1. Article 87 (3) of the relevant Act on criminal facts;

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act on the condition that he/she shall be subject to a new physical examination;

It is so decided as per Disposition for the reason that there is no previous conviction beyond the fine, and there is no previous conviction.

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