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(영문) 창원지방법원 진주지원 2014.02.04 2013고단1143
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person subject to a call for education of public duty personnel among those who served in public duty personnel service after serving in public duty personnel service C.

1. The Defendant’s residence on May 14, 2013, located in Sacheon-si D, 102 Dong 1201, Dong 1201

6.17.17.0

7. Until December 12, 200, he did not respond to a call-up to the call-up of public duty personnel under the name of the director of the regional military manpower office in the name of the Gyeongnam regional military manpower office that caused the call-up training of public duty personnel conducted by the 39 team located in 80-5, Changwon-si.

2. From June 17, 2013 to June 28, 2013, the Defendant was absent from his service due to the Defendant’s failure to attend the aforementioned active viewing for a total period of at least eight days without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. A written accusation;

1. Notice of call-up for education of a call-up person and receipt of notice;

1. A register of criminal facts and daily service status of a violator of the Military Service Act;

1. Application of Acts and subordinate statutes to the details of health insurance benefits and investigation reports (related to submitting a statement on suspect medical expenses);

1. Article 88 (1) 3 of the relevant Act on Criminal facts and subparagraph 1 of Article 89-2 of the Military Service Act (the point of non-compliance with the call for education);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the fact that there is no same criminal history);

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