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(영문) 서울북부지방법원 2014.08.13 2014고단1466

병역법위반

Text

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

Reasons

Punishment of the crime

The defendant was called as public interest service personnel on December 29, 2009 and is serving in the Taekung Business Management Office in Seoul Metropolitan Urban Railroad Corporation.

From January 15, 2010 to December 26, 2010, the Defendant was absent from work without permission as public duty personnel at the same workplace for a total of eight days or more without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes governing daily service conditions;

1. The reason for sentencing under Article 89-2 subparagraph 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) on criminal facts is that the defendant, who was called as public interest service personnel on or around July 199, was absent from his service and was sentenced to a suspended sentence after re-calling on or after December 29, 2009. After that, the defendant refused to appear at an investigative agency before being arrested under a warrant of arrest on May 3, 2014. After that, at the time of arrest, the defendant was 40 years old and became unable to perform his military service after completing his military service on or after December 31, 2014 under Article 72 (1) of the Military Service Act, and it is inevitable that the defendant has served as public interest service personnel only for about six months up to that date.

In addition, the punishment as ordered shall be determined by taking into consideration the various circumstances, such as the defendant's confession of the crime of this case, the family environment of the defendant, the period of service, the motive or circumstances leading to the crime of this case, the age and character of the defendant, etc.