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(영문) 대구지방법원 2016.03.31 2016고단437
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with no military service.

The Defendant, at around 16:00 on June 24, 2014, received a notice of a reexamination from the chief prosecutor of the Military Manpower Administration of Daegu High Military Manpower around 16:00, “A person who has undergone a reexamination from the chief prosecutor of the Military Manpower Administration of Daegu East-gu, Daegu-gu, 2014 and 63 on November 24, 201,” but did not undergo the reexamination without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Accusation against a person who evades the draft physical examination;

1. Application of statutes to a copy of a certificate of re-physical examination;

1. Article 87 (3) of the relevant Act on criminal facts;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act are as follows: (a) the Defendant, who led to the confession of the instant crime while committing the instant crime; (b) the Defendant has no criminal history; and (c) the Defendant’s age, sexual conduct, environment; (d) the motive, means and consequence of the instant crime; and (e) the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, shall be determined as ordered

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