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(영문) 부산지방법원 2020.04.29 2020고단606
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is subject to military education for social service personnel.

On December 3, 2019, the Defendant, at the Busan regional military manpower division located in Suwon-dong, Busan regional military manpower office on January 28, 2020, issued a muster notice under the name of the director of the Busan regional military manpower office to respond to the call for social work education from the public official in charge B on January 28, 2020, but did not respond to the call by January 31, 2020, when three days from the call for the call for social work education, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation or a written statement of public officials in charge of accusation;

1. A copy of the notice of call-up for military education to social service personnel (hereinafter referred to as "public notice on January 28, 200), a copy of the public notice, the date of call-up to social service personnel service, and a copy of the receipt of the notice of call-up;

1. Application of Acts and subordinate statutes to investigation report (public official B telephone survey in charge of accusation of the Military Affairs Administration);

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

1. The fact that the defendant extended the period of sentencing under Article 62(1) of the Criminal Act and expressed his/her intention to not respond to the convening of the public official in charge when he/she receives the muster notice of this case is disadvantageous to the defendant. On the other hand, the fact that the parent's health is not good and the defendant seems to be partly responsible for his/her family's livelihood, that there is no record of punishment exceeding the fine, that there is no record of punishment exceeding the fine, that the defendant's age, character and behavior, environment, motive and circumstance of the crime, and that he/she is going to respond to the call in the future shall be considered as favorable circumstances, and that the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the arguments of this case, including the defendant's age, character and behavior, circumstances after the crime.

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