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(영문) 서울동부지방법원 2017.05.18 2017고단411
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

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.

Although the Defendant received a muster notice under the name of the head of the Seoul Regional Military Affairs Administration, on November 8, 2016, from the Seoul Military Manpower Administration located at 43-lane 13, a bank located in Yeongdeungpo-gu Seoul Military Manpower Administration, and from the public official in charge, the Defendant failed to comply with it by the day after three days from the date of the convocation, without justifiable grounds, to the effect that the Defendant “to comply with the Social Service Training Center in the Military Manpower Administration located in 328-33, the Gun Chapter 5-12:00, the Gun Chapter 328-33.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Adjustment of the date of convening the social service personnel and notification thereof;

1. Application of Acts and subordinate statutes concerning receipt of a notice of convening social service personnel;

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

1. Article 62 (1) of the Criminal Act on Suspension of Execution (it shall be taken into account that there are circumstances in which the refusal to call is partially considered, and that the defendant will faithfully fulfill his military service in the future);

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