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(영문) 서울중앙지방법원 2016.10.12 2016고단3431

병역법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant of "2016 Highest 3431" was assigned to the Dong Branch C of the Korea Railroad Corporation as social work personnel and was engaged in general administrative support duties.

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

Nevertheless, the Defendant left his service for 77 days in total by leaving from office for 71 days (excluding Saturdays, Sundays and holidays) from January 19, 2015, March 9, 2015, September 8, 2015, January 4, 2016 to June 6, 2016, and for 71 days from January 18, 2016 to May 2, 2016.

The defendant of "2016 Highest 4401" is between the victim D and his/her relative.

At around 16:00 on June 18, 2014, the Defendant stolen the victim's resident registration certificate with the victim's resident registration certificate using the gaps in the victim's residence in Dongjak-gu Seoul Metropolitan Government due care was neglected.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of Acts and subordinate statutes to a charge, a daily service situation register, and a fact-finding report on a deviation from service;

1. Article 89-2 subparagraph 1 of the relevant Act on criminal facts, Article 89-2 of the Military Service Act on the Selection of Punishment, Article 329 of the Criminal Act, and the selection

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

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act, the sentencing conditions shown in the trial process of this case, including the character, conduct, family relation, family environment, motive and means of a crime, and circumstances after a crime, the sentence is determined as ordered.

D. Unfavorable circumstances: The thief had a record of being sentenced to the suspension of the execution of imprisonment and fines for the same crime as the thief in this case; the 77 days old circumstances favorable to the defendant who left his service: the defendant is aged; all of the crimes in this case are recognized and reflected; there is no record of being punished for the same crime as the crime in violation of the Military Service Act.