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(영문) 서울남부지방법원 2016.04.07 2015고단5589
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant was a person obliged to serve in the military, and was determined by the chief prosecutor of the first disciplinary prosecutor of the Seoul Regional Military Manpower Administration, which was located in the area of 43-gil-ro 13-gil, Yeongdeungpo-gu, Seoul, Seoul, to be subject to a follow-up physical examination, around May 30, 2014, and was directly receiving a notice of a follow-up physical examination on January 30, 2015, and did not undergo a follow-up physical examination on that date without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the accuser C;

1. Application of Acts and subordinate statutes of the notice of reexamination;

1. Article 87 (3) of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62 (1) of the Criminal Act in the suspension of execution is that the defendant, while receiving a notice of physical examination, fails to comply with physical examination to discharge his duty of military service without justifiable grounds, does not have any adverse circumstances or criminal records for the defendant, and he shall be given a physical examination in good faith;

The sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the accused, shall be determined as follows:

It is so decided as per Disposition for the above reasons.

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