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(영문) 의정부지방법원 2016.09.13 2015고단4401
병역법위반
Text

A defendant shall be punished by imprisonment for six 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 is a person subject to a call-up for the education of social service personnel, and he/she shall respond to the call-up within three days from the date of the call-up notice.

Nevertheless, on August 19, 2015, the Defendant received a notice of call-up of social service personnel from the office of the Social Welfare Branch of the Gyeonggi-do Branch of the Military Affairs Branch on October 2, 2015, which was seven-six (76) of the Ministry of Government Administration and Home Affairs, to be enlisted as the Army Training Center located in the field of debate, and did not enlist until three (3) days after the date of call-up without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the accuser;

1. (Training) A certificate of receipt of a notice in possession;

1. Application of Acts and subordinate statutes on charges of offenders of the Military Service Act;

1. Article 88 (1) 2 of the Criminal Act concerning the facts constituting an offense;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: The judgment is rendered as above on the grounds of sentencing factors under each subparagraph of Article 51 of the Criminal Act, such as the period of detention, the accused’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., which are more favorable to the call without justifiable grounds: The confession and reflect of the crime in this case, the response to the call is being complied with; and there is no previous conviction in the same kind; and there is no previous convictions

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