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(영문) 대구지방법원 2013.08.29 2013고단3654
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant is subject to enlistment in the call for education of public duty personnel.

On July 20, 2010, the Defendant received a notice of call for education of public duty personnel under the name of the director of the Daegu High Military Manpower Office to enlist in the military unit of the 50th Army in Daegu on August 23, 2010, from the Defendant’s house located in the 103th of the 103th of the 2010 Incheon High Military Office, and was not admitted to the military service after three days from the call for education from the

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a copy of the enlistment notice;

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

1. The reason for sentencing under Article 62(1)(C) of the Criminal Act of the suspended sentence is that the defendant, on the grounds that he should raise his children, etc., has not complied with the call for education of public duty personnel, and that he has not complied with the call for education according to the future procedures. It is decided as per Disposition by taking into account the following two factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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