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(영문) 서울중앙지방법원 2020.12.02 2019고단5393
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

No person who has received a notice of a draft physical examination, follow-up draft physical examination, physical examination or physical examination for confirmation shall undergo a draft physical examination, follow-up draft physical examination, physical examination or physical examination for confirmation on the date of performance of duties without justifiable grounds.

Nevertheless, the Defendant, on May 16, 2018, received a notice that he would undergo a reexamination on or around February 18, 2019, after undergoing a physical examination at the first examination place of the military service in Yeongdeungpo-gu Seoul Metropolitan Government and the first examination place of the Seoul regional military manpower office, and then did not undergo a draft physical examination on the date of performance of the obligation without justifiable grounds, even though he directly received the notice that he would undergo a reexamination on or around February 18, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes governing a written accusation or follow physical examination;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant, as a result of the confession of the instant crime, is against the defendant, that the defendant has no criminal record exceeding the fine, that the defendant has to perform his duty of military service after undergoing a follow-up physical examination, and that the defendant has the character, character and environment of the defendant, motive, means and result of the crime, circumstances after the crime, criminal records, etc., shall be determined as the same as the order,

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