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(영문) 인천지방법원 2019.07.17 2019고단1439
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, as a person liable for military service on April 4, 2018, received a notice from the head of the Incheon Military Manpower Administration Military Manpower Administration Military Service Branch on November 5, 2018 from the Incheon Military Manpower Administration Military Manpower Branch on the date of performing the above duty, but did not undergo a follow-up physical examination on the date of performing the duty, without justifiable grounds, even though he received the notice from the head of the Incheon Military Manpower Administration Military Manpower Administration Military Service Branch

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes governing receipt for follow-up physical examinations;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant was a first offender who had no previous conviction

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