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(영문) 수원지방법원 안산지원 2017.01.19 2016고단4179
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person subject to the call-up of social service personnel shall comply with the call-up within three days from the date of the call-up notice.

The Defendant, as a person subject to call-up of social service personnel, did not respond to call-up without justifiable grounds, even though he was given notice of call-up of social service personnel under the name of the head of the Incheon Military Manpower Training Office, which is located in the Nam-gu Incheon District Military Affairs Branch on September 12, 2016, “to be enlisted in the Army Training Center on October 6, 2016 for basic military training.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation against those who evade the enlistment of social service personnel, a written accusation, the date on which the enlistment of social service personnel is adjusted and notified, and a receipt of notice of convening education for

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the favorable circumstances, such as the fact that the defendant has recognized his/her mistake and that the defendant has no criminal history exceeding the fine);

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