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(영문) 대구지방법원 2018.11.08 2018고단3670
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person subject to a call for social service personnel.

The defendant, on May 15, 2018, in his/her residence located in Yongcheon-si B building operation 103 around the same year, around 12:36.

6. On November 11, 14:00, the Daegu-gu 50 association in the Magdong-dong, Daegu-gu, Daegu-do, issued a muster notice under the name of the head of the Military Affairs Administration, and did not respond to the call even though 3 days from the date of the filing of the lawsuit without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes concerning call-up and notice of call-up of military education for social service personnel, and the progress of delivery;

1. The main sentence of Article 88 (1) of the Military Service Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not good, such as the fact that the defendant did not enlist in the military on the set date of enlistment without justifiable grounds.

However, it is against the defendant's wrong recognition of his fault, the fact that there has been no past record of punishment so far, and the duty of military service will be faithfully fulfilled.

It shall be decided as per the disposition in consideration of the age, sex, environment, etc. of the defendant, etc. in various aspects.

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