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(영문) 수원지방법원 안산지원 2017.11.17 2017고정938
병역법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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 who is subject to a call-up for military force mobilization training.

No person who has received a notice of convening a call for military force mobilization training shall be allowed to enlist in the military at a designated time without justifiable grounds.

Nevertheless, the Defendant did not enlist on the designated date without justifiable grounds, even after receiving a notice of convening a call for military force mobilization training under the name of the head of Gyeonggi-do North Korean branch of military forces who would cause the Defendant to undergo military force mobilization training conducted in three joint and several groups from May 15, 2017 to May 17, 2017 through the Defendant’s mother C through his mother, around April 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of delivery of a notice of call for military service training;

1. Application of Acts and subordinate statutes to a written accusation;

1. Article 90 (1) of the relevant Act on criminal facts and Article 90 of the Military Service Act on the Selection of Punishment (Optional to Penalty);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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