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(영문) 수원지방법원 성남지원 2016.01.13 2015고단2534
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

A person who has received a notice of convening a meeting of social service personnel shall not comply with the convocation within three days from the convocation date without justifiable grounds.

Nevertheless, on February 3, 2015, the Defendant did not respond to the call-up of social service personnel even after receiving a notice of call-up of social service personnel under the name of the head of the Military Affairs Administration in the Incheon Gyeonggi-gu to respond to the call-up of social service personnel in the name of the head of the military service office in the Dong-gu Seoul-si, Sungnam-si from February 3, 2015 to March 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes for delivery of postal items;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of the fact that the defendant is against his will and is about to enlist in the military);

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