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(영문) 서울중앙지방법원 2019.09.18 2018고단6931
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person subject to social work personnel call.

Around August 1, 2018, the Defendant directly received a muster notice under the name of the director of the Seoul Regional Military Manpower Office to convene the Army Training Center on the 16th day of the same month at the domicile of the Defendant in the Dongjak-gu Seoul Metropolitan Government building B and C, but did not comply with the convocation without justifiable grounds by the date three days have elapsed from

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. The filing of an accusation, additional notice of call-up to social work personnel (military education) (military education), notice of call-up to social work personnel (military education on August 16, 18), application of Acts and subordinate statutes

1. Article 88 (1) 2 of the Act applicable to facts constituting an offense, Article 88 (1) 2 of the Military Service Act of the choice of punishment, and

1. The grounds for sentencing under Article 62(1) of the Criminal Act include recognizing the defendant's mistake and faithfully responding to the enlistment procedures, and the defendant's age, character and conduct, family relation, environment, motive, circumstance, means and consequence of the crime, and circumstances after the crime shall be determined as ordered by taking into account the various sentencing conditions.

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