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(영문) 인천지방법원 2017.11.01 2017고단5291
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 19, 2017, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution, and the judgment on October 27, 2017 became final and conclusive on October 27, 2017.

The Defendant, on April 19, 2017, received directly a draft notice of military education for social service personnel in the Army Training Center located in Nam-gu, Incheon, Nam-gu, Incheon, and around 633, on May 25, 2017, the Defendant did not comply with the draft notice of military education to the extent that three days have passed from the date of the said draft notice, without justifiable grounds, even though he/she received directly the draft notice of military education by the military training center located in the Army Training Center located in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written accusation, or a notice or receipt of a call for military education;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of case search and judgment;

1. Article 88 (1) 3 of the relevant Act on criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, upon re-examination, was subject to a disposition of convening a social service personnel on several occasions, has been postponed due to the adjustment of the date of convening a meeting, illness, unknown reasons for missing, etc., and did not comply with the convocation of the military education in this case without justifiable grounds, and the nature of the crime is not light.

However, it is necessary to consider equity in the case of judgment simultaneously with a crime of violation of the Punishment of Violences, etc. Act (organization and activity of organizations, etc.) in which the defendant recognized and reflected the crime, and to take into account the defendant's age, sexual conduct, environment, motive and circumstance of the crime in this case, and circumstances before and after the crime, etc., and determine the punishment as ordered by the sentence in consideration of all the conditions of sentencing.

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