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(영문) 수원지방법원 안산지원 2017.10.24 2017고정968
병역법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person with no military service.

Upon receipt of a notice of convening a call-up for military force mobilization training, a person without military service shall not be required to refuse to enlist in the military at the designated date or to attend an inspection without justifiable grounds.

Nevertheless, on April 26, 2017, the Defendant failed to enlist on the designated date without justifiable grounds, even after receiving a notice of convening a call for military force mobilization training from May 16, 2017 to May 18, 2017, which would result in military forces mobilization training conducted by the 140 Information Unit Company of the Army from May 16, 2017 to May 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the charge book, a written accusation book, a list of persons called for military force mobilization training, and a result of delivery of registered mail items;

1. Relevant Article 90 of the Criminal Act concerning criminal facts, Article 90 of the Criminal Act concerning the selection of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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