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(영문) 부산지방법원 동부지원 2018.11.29 2018고단432
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

Social service personnel shall, upon receipt of a muster notice, comply with the convocation within three days from the date of the filing of the notice.

Nevertheless, the Defendant, at around October 24, 2017, did not respond to the call by the 201 Busan Regional Military Manpower Administration by the 201 Busan Regional Military Manpower Administration to a 19 Busan Southern-gu Office from January 8, 2018, “Abdoing from January 8, 2018 to a 09:00, Busan-gu Office” without justifiable grounds, even though he directly received a muster notice under the name of the head of the Military Affairs Administration in the name of the head of the Busan Regional Military Affairs Administration.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A written accusation, on October 24, 2017, a written notice of the date of adjustment of and a notice of convening a meeting of social service personnel, a receipt of notice of convening a meeting of social service personnel, and the application of statutes;

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances for sentencing) is that the instant crime is a person subject to social service, but fails to comply with the convocation without justifiable grounds by the date on which three days have elapsed from the date of convening the meeting, and the nature of the relevant crime is disadvantageous.

However, the defendant's acknowledgement of facts charged is seriously against the defendant, and the defendant will faithfully serve in the future.

It is advantageous to the fact that the situation is different.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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