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(영문) 창원지방법원 2016.11.09 2016고단2468
병역법위반
Text

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

Reasons

Punishment of the crime

On September 19, 2012, the Defendant was sentenced to three months of imprisonment with prison labor for a violation of the Military Service Act at the Changwon District Court’s branch branch, and on June 14, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Military Service Act at the Changwon District Court’s branch on June 14, 2013 and completed the execution of the sentence at the Changwon District Court on December 28,

On July 4, 2011, the Defendant was a social work personnel called up for work support by the Chang-gu Office of Gwanak-gu and was suspended from service on February 19, 201 on the ground that he was retired from service.

Although the Defendant received a service notice under the name of the head of Jinhae-si Office E from July 29, 2015 to re-service from the Defendant’s house located in Jinhae-si, Jinhae-si around July 20, 2015, the Defendant did not serve in the relevant field without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Written charge and receipt;

1. Investigation report (to hear statements from the person responsible for accusation);

1. Previous records: The application of Acts and subordinate statutes concerning criminal records, copies of each written judgment and personal confinement;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. The sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, circumstance after the crime, etc., are repeated offenses of the same kind as the sentencing reasons under Article 35 of the Criminal Act, the two sentence for the same crime and the one-time suspension of execution, and the Defendant’s age, character and conduct, family relationship, family environment, motive and means

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