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(영문) 부산지방법원 동부지원 2017.08.24 2017고단611

병역법위반등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment 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 of "2017 Highest 611" is a social service worker working for P in Busan-gun B.

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

Nevertheless, the Defendant, from around September 2015 to around February 1, 2017, was serving as a social service personnel in C, and left the service 12 days in total without justifiable grounds.

around 03:00 on November 27, 2016, the Defendant, “2017 Highest 1065,” suffered injury to the victim, on the top of the upper half of the upper half of the year, which requires two weeks of medical treatment of the victim, on the ground that he/she does not fully pay his/her money to the victim F (the remaining, 26 years of age) and the ordinary citizen Defendant would not pay his/her money to the victim. On the other hand, the Defendant, “E” in Seongbuk-gu Seoul, Da, 1065, when he/she talked with the victim due to the fact that he/she did not pay his/her money to the victim.

Summary of Evidence

"2017 Highest 611"

1. Statement by the defendant in court;

1. Books of investigation records of secession from service, congratulations, and daily service status: 2017 Senior 1065;

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Investigation report (the death diagnosis report submitted by suspect F);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of suspect F);

1. Subparagraph 1 of Article 89-2 of the relevant Act concerning facts constituting an offense, and Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances under the grounds for sentencing under Article 62-2 of the Criminal Act and other factors, such as the Defendant’s age, sex, environment, etc., the sentence shall be imposed as ordered, taking into account the following factors:

A favorable circumstances: The defendant does not unilaterally inflict an injury on the victim, but the victim also has a circumstance to consider the circumstances of the special injury of this case.