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(영문) 서울동부지방법원 2013.06.19 2013고단804
병역법위반
Text

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

Defendant is a person subject to call-up of public duty personnel.

On January 22, 2013, at the defendant's house located in Songpa-gu Seoul Metropolitan Government B03, the defendant was given a notice of convening a public duty personnel call-up by the director of the Seoul Regional Military Manpower Office to enlistment in the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si and to respond to the call-up.

Nevertheless, on February 24, 2013, the defendant did not respond to the call because he did not enlist in the Army Training Center without justifiable grounds until February 24, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. A copy of the official notice for convening public interest service personnel, a copy of the list of persons called to public interest service personnel, and the application of Acts and subordinate statutes of the Korean registry/mail;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., taking into account the circumstances in which the defendant was entering the court after his arrival and there are circumstances in which the defendant did not respond to the notice of convening the military court in this case

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