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(영문) 서울북부지방법원 2020.05.28 2020고단936
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Any person who has received a notice of a draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation shall not undergo the draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation on the date of performance of duties without justifiable grounds.

On November 21, 2018, the Defendant was designated as a person subject to a reexamination as a result of a physical examination at the military service examination site of the Seoul Regional Military Manpower Office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul regional military manpower office on November 21, 2018, and was sent a notice of a reexamination under the name of the director of the Seoul Regional Military Manpower Office that caused the reexamination on July 23, 2019, but did not undergo a

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes for a follow-up physical examination;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant was punished as a violation of the Military Service Act on the grounds that he was previously liable for military service and did not move-in as a person. However, the defendant was aware of the instant crime and is going to undergo a follow-up physical examination, taking into account the following factors: the defendant's age, occupation, character and conduct, environment, circumstances before and after the instant crime, etc., and the sentence is determined as per the disposition

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