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(영문) 서울중앙지방법원 2019.02.14 2018고단5798
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who has received a notice of a draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation shall not undergo the draft physical examination, follow-up draft physical examination, physical examination, or physical examination for confirmation on the date of performance of duties without justifiable grounds.

The Defendant, as a person liable for military service on June 14, 2018, failed to undergo a reexamination by July 24, 2018, without justifiable grounds, even though he/she appeared at the second draft physical examination division of the Seoul Yeongdeungpo-gu Seoul Regional Military Manpower Office No. 2 military manpower office No. 43-30, Jun. 25, 2018 and directly received a notice that he/she would undergo a reexamination.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accuser;

1. The notice of a new soldier's disease 18-9 person's invalid;

1. The register of invalids;

1. Application of statutes on the progress of postal delivery;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., current circumstances);

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