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(영문) 부산지방법원 동부지원 2018.05.03 2017고단2722
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Upon receipt of a muster notice from a person subject to enlistment in active service, the defendant shall respond to the call within three days from the date of filing the lawsuit.

Nevertheless, the Defendant, at around July 17, 2017, did not respond to the call without justifiable grounds by the date three days after the date of call, on which he directly received a notice of convening the active duty service under the name of the head of the U.S. regional military affairs office, on the purport that “to call the 15 association 15 association flicked in the original documents in the Ycheon-gun, Gangwon-do on August 14, 2017.”

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the statutes governing filing of an accusation, notice of enlistment in active duty service, and delivery progress;

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances for sentencing) is that the instant crime was committed on the grounds of the suspension of execution, but fails to comply with the convocation without justifiable grounds by the date on which three days have elapsed from the date of convening the active duty service, even though the person was subject to enlistment in active duty service and was directly notified of convening the active duty service, and that the nature of the

However, the defendant's acknowledgement of facts charged is seriously against the defendant, and the defendant will faithfully serve in the future.

The fact that the defendant has been sentenced to the same criminal record or punishment exceeding the fine is more favorable than others.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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