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(영문) 부산지방법원 2018.11.15 2018고단4230

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service worker working for the station C of the 1 operation place of the Busan Metropolitan Government Transportation Corporation, which is located in the Busan Metropolitan Government, and shall not leave his office for at least eight days without any justifiable reason.

Nevertheless, the defendant from May 1, 2018 to the same year.

5. For a period of four days up to April, the same year.

5. 8. From August to the same year.

5. Until November, 198, he/she has deserted from his/her service for not less than 4 days without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to daily service conditions, such as a written accusation, a written report on the reason of secession from service, a written investigation of the fact of secession from service, a personal statement and management record;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act and the reason for sentencing under Article 62-2 of the Social Service Order, a person again commits the crime of this case despite the fact that he was sentenced to a suspended sentence of imprisonment due to a violation of the Military Service Act in 2001, it is difficult to understand that he did not complete military service until the date of 1981. However, it is difficult to understand that the defendant led to the confession of the crime and misunderstanding, and the circumstances of the defendant's family are difficult to be taken into account.