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(영문) 수원지방법원 성남지원 2016.05.26 2015고단657
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 30, 2014, the Defendant was issued a muster notice under the name of the head of the Incheon Gyeonggi-si Military Affairs Administration, to enlistment in the Army Training Center located in the Geumcheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, 202, and the Defendant’s house-friendly D on July 24, 2014 by July 24, 2014.

However, without justifiable grounds, the Defendant refused to convene a meeting at the expiration of three days from the due date of the meeting.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation and accompanying documents;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. The reason for sentencing under Article 88(1)2 of the pertinent Act on criminal facts was that the Defendant committed a second offense, such as violation of the instant Military Service Act, during the period of suspension of execution. On November 15, 2013, the Defendant was sentenced to imprisonment with prison labor for the attempted larceny in the Sungnam support by Suwonwon, who was sentenced to two years of suspension of execution on November 23, 2013, and the judgment became final and conclusive on November 23, 2013. The present period of suspension of execution was imposed.

Even during the period of the suspension of the above execution, the Defendant was guilty of recidivism, including the violation of the Electronic Financial Transactions Act and the drinking driving twice, but all of the charges were punished by a fine (see, e.g., Supreme Court Decision 20191, 2014 High Court Decision 6091, 2015 High Court Decision 4761, 2015 High Court Decision 7031, Apr. 21, 2015). As such, the Defendant was arrested

However, in the sentencing, the duty of military service will be faithfully performed in the future.

In consideration of the fact that the punishment is different, it shall be determined as per the disposition.

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