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(영문) 창원지방법원 통영지원 2019.11.28 2019고단1155
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

The Defendant is liable for military service.

No person who has received a notice of a draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation shall undergo a draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation on the date of performance of duties without justifiable grounds.

Nevertheless, the Defendant received a notice of a follow-up draft physical examination (physical examination) to the effect that “The date and time of physical examination: up to August 7, 2019; the date and time of physical examination; up to 13:30 of the date and time of physical examination; the place for physical examination: up to August 7, 2019: the date and time of physical examination; up to 250 - 13; and the date and time of physical examination (up to 250 - as the center of the window of the Chang-si)” from the center of the window of the Chang-si city, the Defendant did not undergo a follow-up draft physical examination on the date of the performance of the obligation without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt of written notice for reexamination;

1. Article 87 (3) of the Military Service Act applicable to facts constituting a crime (the point of evading the follow-up draft physical examination);

1. The suspended sentence under Article 62(1) of the Criminal Act requires various conditions of sentencing as ordered under Article 51 of the Criminal Act, such as the background leading to the commission of the crime, the time of and reflection against the crime, the primary offender, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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