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(영문) 광주지방법원 2020.06.10 2020고단672
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

On December 19, 2019, the Defendant is subject to a draft physical examination. On January 19, 2019, the Defendant received a notice to undergo a draft physical examination conducted in the name of the director of the regional military manpower office in Gwangju Mine-gu, Gwangju, about 08:0 on January 13, 2020, in the name of the director of the regional military manpower office in Gwangju-gu, Gwangju-gu, about 119-gil-gu, Gwangju-gu, and did not undergo a draft physical examination without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a receipt of a draft physical examination notice;

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 (such as the fact that the defendant is going to comply with the follow-up physical examination while against his will) shall be determined as ordered in consideration of all the circumstances regarding sentencing under Article 51 of the Criminal Act, including the motive and background of the crime in this case, the age, character and conduct, environment, criminal records, and circumstances after the crime.

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