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(영문) 인천지방법원 부천지원 2016.05.17 2016고단811
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

Upon receipt of a muster notice as a person subject to the call-up of social service personnel, the defendant shall respond to the call-up within three days from the date of enlistment or the date of the call-up.

Nevertheless, the Defendant, at around October 22, 2015, did not respond to the call without justifiable grounds even after three days from November 26, 2015, the date of convening the Army Training Center under the name of the head of the Incheon Byung-si Office to leave the military security guards from November 26, 2015 at the office of the Defendant, 2728, Dong-gu 1601, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, 2728, Dong 1601.

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 notifying the convocation of social service personnel;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant expresses his intention to discharge military service);

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