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(영문) 대구지방법원 서부지원 2019.09.04 2019고단362
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2018, the Defendant received a notice of call for military service from a social work personnel call under the name of the Daegu-do Superintendent General of the Military Manpower Office on November 26, 2018, stating that he will be enlisted in the office of the management office of the Daegu-gu B apartment on November 14:00 on November 26, 2018, the Defendant did not comply with the call without justifiable grounds even after three days from the date of enlistment.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes of a written notice on call for military education to social work personnel service, written accusation, call for military education to social work personnel service, notice on call for military education;

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

1. In light of the importance of the duty of military service for sentencing under Article 62(1) of the Criminal Act, Defendant’s liability for a crime that fails to enlist without any justifiable reason after being notified of the call-up to social work personnel service is not weak.

However, the fact that the defendant is recognized as committing a crime and is against the duty to faithfully serve as social work personnel in response to the call in the future, there is no record of being punished for the same crime, and there is no record of being punished exceeding the fine, and the defendant's age, character, character, environment, family relationship, family environment, circumstances of the crime and circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined in the same order.

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