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(영문) 제주지방법원 2020.04.24 2019고단2472
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, 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 March 29, 2019, the Defendant, as a person liable for military service, received notice from the competent regional military manpower office around July 12, 2019 that “I will attend the follow-up physical examination conducted at the Daejeon Southern Military Service Draft Inspection Division 5 (Cultural Dong) located at the center of Daejeon Jung-gu, Daejeon around July 16, 2019,” but did not undergo the follow-up physical examination without good cause on July 12, 2019.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. A statement which is written by the accuser B;

1. Entry of the person evading the reexamination for conscription prepared by the director of the regional military manpower office stationed in Daejeon;

1. Application of Acts and subordinate statutes stating a copy of receipt for a follow-up physical examination;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. / [Scope of the sentence to be sentenced under the law] The sentence of one month or six months to six months shall be sentenced to imprisonment, which is disadvantageous to the defendant for two years to four months: the summary order of a fine of 500,000 won shall be sentenced to a fine of 50,000 won for the same crime from the Daejeon District Court on June 13, 2013 to the violation of the Military Service Act; the summary order of 50,000 won from the Incheon District Court on May 4, 2016 to the same crime; and on September 27, 2016 to the same crime from the Hongsung Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Court / The defendant's performance of his duty of military service is deemed to have been recognized by mistake and divided; the defendant's motive and motive of the defendant and circumstances after the instant crime.

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