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(영문) 수원지방법원 여주지원 2015.05.12 2015고단177
병역법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person subject to call-up to public duty personnel service (on-site social service personnel), and is a person subject to call-up to public duty personnel service on November 17, 201, who is managed as missing managers and missing separately from December 24, 201.

On December 8, 2011, the Defendant did not respond to the call-up without justifiable grounds by the date three days after the date of the call-up to the public interest service personnel under the name of the director of the Incheon Gyeonggi Military Manpower Office to serve as public interest service personnel after serving as public interest service personnel in Echeon-si, Leecheon-si from December 22, 201.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written accusation;

1. A written inquiry by registered/post office;

1. Application of Acts and subordinate statutes to notify additional call-up to public duty personnel;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( considered in favorable circumstances among the reasons for sentencing) is that the defendant has avoided military service for a considerable period of time, and the defendant is currently serving as a conscientious social work personnel in the future with good faith when admitting and opposing his own criminal act. The defendant shall determine the sentence as ordered in consideration of the defendant's age, family environment, motive, means and consequence of the criminal act, the circumstances after the criminal act, etc.

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