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(영문) 서울중앙지방법원 2013.05.10 2013고단1744

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Force】 On May 31, 2012, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for violating the Military Service Act at the Seoul Central District Court. The judgment became final and conclusive around that time, and is currently under suspended execution.

[Specific criminal facts] On January 201, 201, the Defendant was called as public interest service personnel and was in charge of duties such as support of welfare center duties at C Welfare Center, and was absent from service for eight days from October 11, 201 to December 22 of the same month without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Request for accusation;

1. Previous convictions: Criminal records and the application of statutes concerning the suspect interrogation protocol of the defendant;

1. A sentence identical to the order shall be imposed, in consideration of the fact that the suspended sentence is being served for the same kind of crime for the reason of sentencing under Article 89-2 subparagraph 1 of the Military Service Act concerning criminal facts, and that the suspended sentence (eight months) is invalidated, etc.