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(영문) 창원지방법원 2016.08.24 2016고단1484
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person subject to a call for social service personnel.

On June 25, 2015, the Defendant directly received a muster notice from the head of the Gyeong-nam Regional Military Manpower Administration and the head of the Gyeong-nam Regional Military Manpower Administration to call to “B” by July 6, 2015, and on July 6, 2015, the Defendant did not comply with the call without justifiable grounds even though three days from the date of call.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing a written accusation, a written accusation, and a receipt of enlistment notice;

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

1. Although there is a record of fines of the same kind twice the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, he/she will faithfully fulfill his/her military service;

The sentencing conditions specified in the records of this case, such as the circumstances described above, the Defendant’s age, sex, family relationship, family environment, motive and means of committing the crime, and the circumstances after committing the crime, shall be determined as ordered in full consideration.

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