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(영문) 의정부지방법원 2019.03.12 2019고정39
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

The defendant is a person subject to convening military force mobilization training.

Therefore, the call notice for military force mobilization training should be enlisted at the designated date and time.

On July 17, 2018, the Defendant received a notice of convening a military force mobilization training under the name of the Incheon Military Manpower Branch Office, which would cause military force mobilization training conducted in the 72 dispatch units located in the 70-67 from August 20, 2018 to August 22, 2018 at Yangju-si.

However, the defendant did not enlist on the above designated date without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes to the notification for military force mobilization training, the list of callers for military force mobilization training, or the results of inquiries by registered mail;

1. Article 90 (1) of the Act applicable to criminal facts, Article 90 of the Military Service Act selective punishment, and selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is the first offender and the wrong defendant is recognized, and the punishment shall be determined by comprehensively taking into account the details of the instant crime and the circumstances before and after the instant crime, the age, character, conduct and environment

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