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(영문) 광주지방법원 목포지원 2021.03.30 2020고단1172
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person subject to military education for social service personnel.

A person who has received a muster notice shall comply with the convocation within three days from the date of the convocation.

Nevertheless, the Defendant, on May 21, 2020, did not respond to the call without justifiable grounds, from July 9, 2020, to the date of convening the call-up notice under the name of the head of the regional military affairs administration of Gwangju, while directly receiving the call-up notice from July 9, 2020 to the date of expiration of 3 days from July 9, 2020.

Summary of Evidence

1. Application of Acts and subordinate statutes governing receipt of notice of call-up and call-up notice by the defendant's statutory statement or accusation;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence are as follows: (a) the background leading up to the Defendant to commit a crime; and (b) the overall circumstances leading to the conditions for sentencing, including the Defendant’s age, criminal records, environment, and circumstances after committing a crime

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