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(영문) 의정부지방법원 2018.11.22 2018고정1341
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 who completed military service at the Army on September 2016.

On May 23, 2018, the Defendant received a notice of convening a military force mobilization training under the name of the head of the Gyeonggi-do North Korean branch of the military forces who would undergo military force mobilization training conducted in one unit of expenses joint and several 306 units from June 27, 2018 to June 29, 2018.

However, without justifiable grounds, the defendant did not enlist in the above designated date and time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation or accusation against a violator of the Military Service Act (a challenge to call-up for military force mobilization training);

1. Application of statutes governing training call-up lists or information about the delivery of registered mail;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment include: (a) recognizing and reflecting the Defendant’s mistake; (b) undergoing supplementary training after the instant case; and (c) taking into account the details of the instant crime and the circumstances before and after the instant crime; (d) the Defendant’s age, sex, environment, etc.

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