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(영문) 서울남부지방법원 2020.04.13 2019고단4699
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

A person who has received a call-up notice to social work personnel shall comply with the call-up within three days from the date of call-up, but the defendant, on June 17, 2019, called the Army Training Center from the defendant's house located in Geumcheon-gu Seoul Metropolitan Government, to August 14, 2019.

The Seoul Regional Military Manpower Office did not respond to the convocation of the call on August 4, 2019 after three days from the date of the convocation without any justifiable reason, even though it received the muster notice under the name of the Seoul Regional Military Manpower Office.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning receipt of a notice of call to social work personnel;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are recognized to be erroneous by the defendant, and in the future, the call notice is likely to respond to the call, and the sentencing conditions such as the defendant's age, criminal records, and circumstances of crimes shall be determined as ordered in consideration of the overall sentencing conditions.

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