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(영문) 서울동부지방법원 2016.04.28 2015고단3918
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person subject to draft physical examination on May 23, 2014, failed to undergo a follow-up physical examination on the given date, without justifiable grounds, even after receiving a notice of a follow-up physical examination issued by the head of the Seoul Military Manpower Administration, who notified the first prosecutor of the Seoul Military Manpower Administration No. 1, the first prosecutor of the Seoul Military Manpower Administration, who is located in the area of 43:13,00,00 from the Seoul Military Manpower Administration, of the second prosecutor of the Seoul Military Manpower Administration No. 1, Administration No. 2430, Nov. 24, 2014.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A written statement by which C is accused;

1. Application of a copy of the notice for re-physical examination;

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

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are recognized to be erroneous by the Defendant, and the Defendant voluntarily set up a school and set up in his house by receiving mental treatment while attending high school, etc. When the instant trial was pending on February 2016, which was committed during the instant trial, to commit suicide, etc.

2. From 18. to the same year; and

3.1. Until January, 200, the Defendant suffered from dives, etc. in detail, such as hospitalization, etc., and the Defendant appears to have had an impact on such disease if he did not undergo a reexamination, and the Defendant has no record of crime, and other factors of sentencing indicated in the record, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined, taking into account all the factors of sentencing indicated in the record;

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