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(영문) 수원지방법원 안산지원 2013.07.19 2013고단1178

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 20, 201, the Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspension of the execution of imprisonment with prison labor for night building intrusion theft in the Suwon District Court's Ansan branch on November 20, 201. On October 30, 2012, the above judgment became final and conclusive on October 30, 201, and on April 17, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violence, etc. Act (an act of violence in group, deadly weapons, etc.) in the same court.

Criminal facts

The defendant is one of the public interest service personnel working for the Incheon Jung-gu Office located in 80, Jung-gu, Incheon.

No public duty personnel shall desert from their service for a total period of not less than eight days without justifiable grounds.

Nevertheless, the Defendant, from February 1, 2013 to February 13, 2013, failed to serve in the Incheon Jung-gu Office for a period of not less than eight days, and went away without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The accusation book and the daily service status book;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Although the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act are against the depth of the defendant, the crime of this case is subject to imprisonment with prison labor for not more than three years, and it is inevitable to punish the defendant for a period of suspension of execution.

However, the judgment is rendered in accordance with the order, taking into account the following factors: (a) the facts leading up to the crime of leaving office due to the fact that the latter part of Article 37 is concurrent crimes; (b) the details of the previous final judgment; and (c) the defendant's age, experience;