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(영문) 대구지방법원 2016.03.11 2016고단252

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a social service worker who works in the Daegu Immigration Control Office located in the Daegu Dong-gu, Daegu-dong-dong-dong-dong-ro 71 (Inspection Do-dong 1012-1).

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant deserted his/her service without justifiable grounds for at least eight days, including around April 6, 2015, around April 26, 2015, around June 8, 2015, around July 1, 2015, around July 2, 2015, around July 21, 2015, around August 6, 2015, around August 6, 2015, and around December 18, 2015.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. The application of each statute to each of the following items: A copy of daily service status, a copy of the document describing the person who has failed to know about the person who has failed to attend the training course of social service personnel, a copy of the document describing the person who has failed to attend the training course of social service personnel, a person who has failed to attend the training course of social service personnel, a copy of the written investigation about his/her escape from service

1. The Defendant, on October 23, 2014, was sentenced to imprisonment for ten months with prison labor for a violation of the Military Service Act at the Daegu District Court on the grounds of sentencing under Article 89-2 subparag. 1 of the pertinent Act regarding criminal facts, and two years of suspended sentence was confirmed on October 31, 2014, and such judgment became final and conclusive on October 31, 2014, and thus, he/she committed the instant crime, leaving his/her service without permission for at least eight days at the same time as there is no special reason, and thus, committed the instant crime: Provided, That the Defendant shall be sentenced to imprisonment with prison labor, considering the favorable sentencing conditions for the Defendant, such as the Defendant’s violation of the instant crime, and all other sentencing conditions, such as the Defendant’s age, sexual behavior, and circumstances after the