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(영문) 수원지방법원 2016.05.19 2016고단861
병역법위반
Text

A defendant shall be punished by imprisonment for six 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.

On September 21, 2015, the Defendant directly received a notice of call-up of social service personnel to the effect that he is "be enlisted in the military training center in the Gyeongwon-si Seoul Military Manpower Administration by November 26, 2015," and "be enlisted in the military training center in the army as of November 14, 2015," and did not enlist by the date three days after the date of enlistment without justifiable grounds.

Accordingly, the defendant did not comply with the call-up of social service personnel without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. The date of convening the social service personnel, adjustment and notification thereof;

1. Application of Acts and subordinate statutes governing receipt of notice;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the defendant will faithfully perform his duty of military service against his mistake.

In consideration of the fact that the defendant is different, the fact that the defendant has no criminal record exceeding the fine, etc., the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, sex behavior, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime.

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