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(영문) 서울중앙지방법원 2013.09.26 2013고정4364
병역법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person subject to a mobilization training for military service.

On April 12, 2013, the Defendant received a notice of convening a call for training under the name of the director of the Seoul Regional Military Manpower Office to attend military force mobilization training conducted by the military police corps of the 52th military police group from May 14, 2013 to May 16, 2013 at the residence of the Defendant in Gwanak-gu, Seoul Special Metropolitan City.

However, without justifiable grounds, the defendant did not enlist in the above designated date and time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A person who evades a call for military force mobilization;

1. Application of Acts and subordinate statutes to the list of persons called for military force mobilization;

1. Article 90 (1) of the Act applicable to criminal facts, Article 90 of the Military Service Act selective punishment, and selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. Article 59 (1) of the Criminal Act (the grace period for sentence: 500,000 won; the confession is made; the circumstances to be taken into account in the course of committing the crime; and the good faith responding to the call for training after the fact, etc.);

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