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(영문) 울산지방법원 2019.08.14 2019고단995
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2017, the defendant was classified as physical grade 7 at the Busan regional military manpower office's draft physical examination site located in 301, the Busan regional military manpower office's training course, and received a follow-up physical examination and received a follow-up physical examination, and until March 9, 2018, the defendant caused a follow-up physical examination at the above Busan regional military manpower office's draft physical examination site.

‘The physical examination notice to the effect was received directly, but did not undergo physical examination on the day of the performance of the duty without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing a written accusation, written accusation, and receipt of notice for follow-up physical examination;

1. Article 87 (3) of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Determination of punishment as ordered by taking into account all the circumstances revealed in the records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as the fact that the Defendant has led to the confession of the crime in this case and is repented, that there is no criminal record exceeding the fine, and that there is no other criminal record of the Defendant.

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