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(영문) 서울동부지방법원 2018.12.11 2018고정1139
병역법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

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

around March 7, 2018, the Defendant received a notice of call for military force mobilization training under the name of the head of the Seoul Regional Military Affairs Administration, “from April 10, 2018 to April 12, 2018, the Defendant would undergo military force mobilization training conducted by 2 Gun group 2 from April 10, 2018 to April 12, 2018: Provided, That the Defendant received a notice of call for military force mobilization training under the name of the head of the Seoul Regional Military Affairs Administration.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 90 of the relevant Act on criminal facts, Article 90 of the Military Service Act on the Selection of Punishment, and Selection of fines;

1. The sentencing conditions indicated in the trial of this case, such as the fact that the defendant was subject to criminal punishment for the reasons of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of a workhouse, the fact that the defendant was subject to military force mobilization training after this case, and the circumstance of this case, shall be determined as ordered by the sentence.

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