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(영문) 창원지방법원 2016.05.11 2015고단3010

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 social service personnel B.

Social service personnel shall not leave their post or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant did not work in the above B for 4 days from October 5, 2015 to October 8, 2015, 3 days from October 19, 2015 to October 21, 2015, and 5 days from October 26, 2015 to October 30, 2015 without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation book, written investigation of the renunciation of service, report on absence of social service personnel, observation and interview records, and list of the status of service of social service personnel;

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

1. That the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution reflects his wrongness and faithfully performs social service;

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is suffering from, and his/her age, sex, environment, and circumstances of crime.