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(영문) 서울동부지방법원 2017.11.14 2017고정1354
병역법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person subject to a call for military force mobilization training.

On April 18, 2017, the Defendant directly received a notice of convening a military force mobilization training under the name of the head of the Seoul Regional Military Affairs Administration to participate in military force mobilization training conducted at the training site for the Dong-dong, Dong-dong, Dong-dong, 25-dong, Gangwon-do from May 22, 2017 to May 24, 2017.

However, without justifiable grounds, the defendant did not enlist in the above designated date and time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation and a written investigation report;

1. Article 90 of the relevant Act on criminal facts, Article 90 of the Military Service Act on the Selection of Punishment, and Selection of fines;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are against the defendant, the fact that there is no criminal history against the defendant, and the legislative purport of the Military Service Act, etc. are not less than that of the crime, and the sentencing conditions as indicated in the instant trial, such as the background of the instant case, shall be determined by taking into account the sentencing conditions as indicated in the instant trial.

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