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(영문) 전주지방법원 2014.05.29 2014고단228
병역법위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

Any person who has received a notice of call-up to social work personnel shall comply with the call-up within three days from the call-up, unless there is a justifiable reason.

On November 19, 2013, the Defendant received a notice of convening a social service education call under the name of the director of the regional military manpower office prior to the date of enlistment in the Army Training Center located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, 106 Dong 107, 107, and December 19, 2013.

Nevertheless, the defendant did not respond to the call without any justifiable reason until December 22, 2013, for which three days have passed since the call was made.

Summary of Evidence

1. Defendant's legal statement;

1. Notice on convening public duty personnel at the 9th stage in 2013;

1. Accusation against the person evading the social work call;

1. A certificate of evasion of enlistment;

1. A domestic registration mail protocol;

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

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

1. Six months of imprisonment to be suspended;

1. The reason for sentencing under Article 59(1) of the Criminal Act (in light of the favorable circumstances among the reasons for sentencing) of the suspended sentence did not respond to the call within 3 days as prescribed by the Military Service Act without any justifiable reason even though the defendant was given a notice of convening a social work personnel who is a kind of the duty of military service to be naturally discharged as a citizen, but the defendant did not respond to the call without any justifiable reason. However, the defendant was found to have failed to respond to the call in this case for the purpose of non-performance of the duty of military service itself, and the defendant did not appear to have committed the crime in this case for the purpose of not performing the duty of military service itself, and the medical examination letter of military use submitted by the defendant for postponement of military service after a week from the scheduled date of enlistment is written as "4/5 of the burgical fiber fiber board, the left-hand side, and the continuous treatment period is less than 3 months." The result of the examination by the Military Manpower Administration.

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