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(영문) 대구지방법원 영덕지원 2016.02.19 2016고단4
병역법위반
Text

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

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Daegu District Court on September 12, 2013, and completed the execution of the sentence at the Daegu Detention House on October 25 of the same year.

On September 22, 2014, the Defendant received a notice from the chief prosecutor of the Daegu Gyeong-gu Military Manpower Administration of the Republic of Korea, stating that “The Defendant would undergo a follow-up physical examination on November 24, 2014,” from the chief prosecutor of the Military Manpower Administration of the Republic of Korea located within the Daegu-gu Dong-gu Military Manpower Administration of the Republic of Korea.

Nevertheless, the defendant did not undergo a physical examination without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The Director General of the Military Affairs Administration in Daegu-do (including attached documents);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of repeated crimes);

1. Article 87 (3) of the relevant Act on criminal facts;

1. In light of the fact that the defendant for sentencing under Article 35 of the Criminal Act of aggravated repeated crimes is divided into and reflected in the crime, and that the defendant faithfully fulfills his duty of military service, the punishment as ordered shall be determined as ordered, and the defendant may not be detained in the court in light of the fact that the defendant is faithfully present at the trial and that if he is subject to the compulsory detention of court, there is room for over two months during the appellate trial to be tried.

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