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(영문) 서울남부지방법원 2018.07.06 2017고단4182
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant is a person with no military service.

No person who has received a notice of a military service determination, a notice of re-examination for determination of military service, a notice of physical examination, or a notice of physical examination for confirmation shall undergo a military service determination, a re-examination for determination of military service, a physical examination, or a physical examination for confirmation

Nevertheless, on October 21, 2016, the Defendant was notified by the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government and C and 301 that the date and time of the reexamination: by May 2, 2017, the date and time of the reexamination: by May 2, 2017, the place of the reexamination: The first prosecutor of the Seoul Regional Military Manpower Administration (No. 43-gil, 13-gil, Hadong-dong), and that the Defendant would undergo a re-military service determination (re-examination) on the date on which the Defendant performed the above duty without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written accusation;

1. Application of Acts and subordinate statutes to notice of physical reexamination; and

1. The reason for sentencing under Article 87(3) of the relevant Act on criminal facts is that the accused has already been sentenced to 12 times, and the accused is sentenced to 10 months of imprisonment and 2 years of suspended execution for committing a crime in violation of the National Sports Promotion Act at the Seoul Central District Court on January 29, 2016, and the same year;

6. The judgment became final and conclusive on September 17, 201. The crime of this case was committed while the defendant was committed, and the defendant was present on the date of the first trial held on September 29, 2017 and on November 15, 10:20 of the same year on September 29, 2017, and on the second trial held on November 10:20 of the same year, but the date of the trial was served for the appointment of the defendant's defense counsel. However, the defendant was not present on the date of the trial held thereafter on June 22, 2018, and was not present on the date of the seven-time trial held on June 10:00, in an unfaithful manner, such as where the defendant was present on the date of the trial held on June 22, 2018. The defendant led to the trial of this case; although he led to a confession of criminal facts, the defendant's age, sexual behavior, environment,

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