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(영문) 창원지방법원 2018.04.06 2017고단4068
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

Although the Defendant received a notice from the chief prosecutor of the Military Manpower Administration Ruling of 13 Gyeongnam-nam District Military Manpower on September 12, 2017 to undergo a follow-up physical examination at the center of the window of Changwon-si around February 27, 2017, the Defendant did not undergo a follow-up physical examination without justifiable grounds until the said day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing a certificate of re-physical examination;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence is that the defendant's failure to comply with the follow-up physical examination to determine military service is not somewhat weak.

However, the defendant reflects his fault in depth.

The date of the re-examination in receipt of notification is merely one that has not undergone the time-inspection on the wind, and the cooperation with the military administration such as the follow-up physical examination is being made in the future.

Until now, the circumstances can be considered in favor of the fact that there is no criminal conviction or suspension of execution of the same kind.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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