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(영문) 서울서부지방법원 2014.04.01 2012고단2719
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 8, 2010, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Military Service Act at the District Court of the Republic of Korea on July 8, 201, and was released on March 30, 201 in the execution of the sentence, and the parole period expired on May 19, 201.

피고인은 공익근무요원소집대상자로서 2012. 9. 27. 서울 은평구 C 103동 203호에 있는 피고인의 집에서, 같은 해 10. 18. 14:00경에 논산시 연무읍에 있는 육군훈련소에 입영하라는 서울지방병무청장 명의의 공익근무요원소집통지서를 받았음에도 불구하고 정당한 사유 없이 소집기일로부터 3일이 지나도 입영하지 아니하였다.

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. A written accusation and a written accusation;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (report attached to records of the same kind of crime), and Acts and subordinate statutes on the status of personal identification and confinement;

1. Article 88 (1) of the Military Service Act concerning criminal facts;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is the same kind of crime as the first head of the judgment, and the execution of the sentence is terminated, and thus, the defendant has committed the crime of this case. Therefore, the defendant shall be sentenced to the punishment.

However, the punishment as ordered shall be determined by the defendant in consideration of the fact that he has completed most of his military service, his family environment, health status, circumstances after committing a crime, etc.

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