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(영문) 광주지방법원 2015.07.09 2015고단1030
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is subject to call-up to social work personnel service.

On January 20, 2015, the Defendant received a notice of call-up to social work personnel under the name of the Minister of Gwangju-nam Military Manpower Administration in the name of Gwangju-nam Military Manpower Office, 91-gil 22, on February 16, 2015, from the office of Gwangju-gu regional military manpower office and office located in 119-gil 8, Gwangju-gu, Gwangju-gu, the Defendant did not enlist in the military service by February 18, 2015, which was three days after the enlistment date, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Receipt of the call-up notice to social work personnel;

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

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. Although the defendant was punished by a fine for violating the Military Service Act at the Gwangju District Court in 2009, the defendant again committed the instant crime, despite the reason for sentencing under Article 62(1) of the Criminal Act, although he was sentenced to a violation of the Military Service Act by the Gwangju District Court in 2009, the defendant has to perform his duty of military service in the future, taking into account all other circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and the sentence is determined as ordered.

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