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(영문) 서울동부지방법원 2020.06.04 2020고단1080
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 who has received a notice of physical examination related to a draft physical examination shall not undergo physical examination on the date of performance of the duty without justifiable grounds.

Around May 21, 2019, the Defendant was issued a notice of a reexamination under the name of the director of the Seoul regional military manpower office scheduled on November 21, 2019 from the employees of the Seoul regional military manpower office in the second examination place of the Seoul regional military manpower office, which was located on 13-gil 43-gil 13, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu. However, the Defendant did not undergo the said reexamination without good cause on November 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of accusers;

1. A written accusation;

1. Application of Acts and subordinate statutes for a follow-up physical examination;

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

1. Article 62 (1) of the Criminal Act (including the first offender, etc.);

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