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(영문) 창원지방법원 진주지원 2017.07.19 2017고단247
병역법위반
Text

A defendant shall be punished by imprisonment for four 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

The Defendant, as a person subject to enlistment in active duty service on August 4, 2015, was enlisted in active duty service on the 10th of the same month and was subject to measures for returning home on the grounds of disease on December 21, 2015, received a physical examination conducted by the chief prosecutor of the Military Manpower Administration of Gyeongnam-gu, Seoul District Military Manpower Administration on December 21, 2015, and received a disposition subject to a Grade 7 follow-up physical examination from the chief prosecutor of the 13th of the 14:0 of the same day, and received a notice of the follow-up physical examination, but did not undergo the follow-up physical examination at the above time and place without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes governing receipt of a notification of physical reexamination;

1. Article 87 (3) of the relevant Act on criminal facts;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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