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(영문) 서울남부지방법원 2020.11.20 2020고단4518
병역법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is subject to call-up to social work personnel.

The Defendant, on April 22, 2020, received a notice to respond to the call-up of a social work personnel conducted by Guro-gu Office by June 5, 2020 from the Seoul Regional Military Manpower Office’s Social Service Department and office located in Yeongdeungpo-gu Seoul District Military Manpower Office by June 13, 2020, but did not comply with the call-up within three days from the above call-up date without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes concerning the adjustment of the date on which a notice of social work personnel is served and the notification, additional notice of service to social work personnel, postal information and receipt of notice of call-up to social work personnel;

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

1. Circumstances favorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The sentence shall be determined as ordered by taking full account of the various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing appearing in the records and arguments of this case, including the fact that the suspended sentence is recognized as crimes, the fact that there is no previous conviction in excess of the amount of fine:

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