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(영문) 부산지방법원 동부지원 2018.10.04 2018고단1196
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

A person who has received a notice of convening a meeting of social service personnel shall not comply with the convocation within three days from the date of convening the meeting without justifiable grounds.

Nevertheless, on April 10, 2018, the Defendant’s second-laned phone call from the Military Manpower Administration around May 16, 2018, and the second-laned “to be called to the 53 association located in Busan Metropolitan City by May 21, 2018” was notified of the call, and the Defendant did not comply with the call without justifiable grounds until May 24, 2018, when three days have elapsed from the date of call.

1. Statement by the defendant in court;

1. A written statement prepared B;

1. A written accusation, on May 21, 2018, the application of Acts and subordinate statutes to notice of convening military education for social service personnel, notice of e-mail, management, and investigation reports (attaching data for accusation).

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances for sentencing) is that the instant crime is a person subject to social service, but fails to comply with the convocation without justifiable grounds by the date on which three days have elapsed from the date of convening the meeting, and the nature of the relevant crime is disadvantageous.

However, the defendant's acknowledgement of facts charged is seriously against the defendant, and the defendant will faithfully serve in the future.

It is advantageous to the fact that the defendant has been punished for the same crime, and that there is no criminal record for the same crime.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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