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(영문) 인천지방법원 2016.06.30 2016고단1968
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Upon receipt of a muster notice to a call-up of social service personnel, the defendant shall comply with the call-up within three days from the date of the call-up.

Nevertheless, on October 13, 2015, the Defendant did not respond to the call even after receiving a muster notice under the name of the head of the Incheon Sinsan-si Office to enlist in the Army Training Center located in Geumcheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon around 101 Dong, 1501, and until November 12, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written accusation;

1. Application of statutes governing delivery of muster notices;

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

1. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act recognize the Defendant’s criminal act, the fact that the Defendant was unable to postpone the request during the nursing of his mother would lead to the instant crime, such as the fact that there is no specific criminal punishment, other than the record of juvenile protective disposition, and other factors such as the Defendant’s age, sex, conduct, intelligence and environment, motive, means and consequence of the instant crime, etc., after comprehensive consideration, the sentence is determined as ordered.

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