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(영문) 대전지방법원 2018.03.08 2018고단25

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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service personnel who served as a general administrative assistant in the printing office of the C University D, Seo-gu, Daejeon.

The Defendant did not work at the above service site for ten days in total, including December 1, 2017; from December 4, 2017 to December 8, 2017; from December 8, 2017; from December 11, 2017 to December 14, 2017;

Accordingly, the defendant, as a social service personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of a person absent from work without permission of the social service personnel, a statement of the reason why he/she is absent from work, a copy of the daily service status, a written investigation of the fact that he/she is absent from work, a criminal investigation report, and the application of Acts

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are comprehensively taken into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as set forth in the argument of the instant case.

The crime of this case was committed in bad faith and was committed in favor of the fact that the liability for the crime was not less severe: The confession is made and there is no other criminal punishment except the one fine, and the remaining social service personnel will serve faithfully during the service period of the military service personnel.

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