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(영문) 대구지방법원 2012.09.19 2012고단3641
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Although the Defendant received a notice of enlistment for a call for education of public duty personnel from the Daegu Dong Police Station located in the Daegu Dong-dong, Daegu Dong-gu, on April 20, 2012, and from May 7, 2012 to the 50 group of the 50 group located in the Daegu Northern-gu, Daegu Northern-gu, the Defendant failed to enlist within three days from the said call for education, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Accusation against a call for education of public duty personnel;

1. Notification of a call for education of public duty personnel;

1. Application of Acts and subordinate statutes concerning receipt of a written notice of call for public duty personnel;

1. Even if there was a problem of housework, such as the settlement of home effects on parents for sentencing under Article 88(1)3 of the relevant Act on criminal facts, this cannot be a justifiable ground for non-performance of the duty of military service. Furthermore, the sentence of imprisonment cannot be exempted because it was committed again during the period of probation due to non-performance of the duty of military service.

However, the above punishment shall be determined in consideration of the health condition, etc. in which the defendant recognized all crimes, and even if he was unable to return home due to pulmonary difficulty, as the defendant was able to see that she would have suffered a lot of mental depression in the wind of the defendant.

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