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(영문) 수원지방법원 2019.01.25 2018고단7015
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 19, 2018, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution for night building intrusion larceny at the Suwon District Court on April 19, 2018, and the judgment was finalized on April 27, 2018.

【Criminal Facts】

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 the duty without justifiable grounds.

On December 12, 2017, the Defendant received a follow-up physical examination at the place of the Suwon-si B apartment and C’s dwelling on March 2, 2018.

'A' did not undergo the above physical examination without justifiable grounds despite the direct receipt of the notice of the reexamination under the name of each regional military manpower office.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Investigation report (report on results of telephone communications in the personnel of the Conscription Affairs Administration);

1. Detailed information on the results of delivery, including the receipt and confirmation of a written accusation, accusation, written accusation, written accusation, and written notice for a follow-up physical examination;

1. Previous records: Criminal records, investigation reports (court records related to latter concurrent crimes), and application of Acts and subordinate statutes of the Suwon District Court Decision 2018 Godan1355;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

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