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(영문) 창원지방법원 2015.10.07 2015고단1700

병역법위반

Text

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

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

Reasons

Punishment of the crime

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

While serving as social work personnel in Seo-gu, Gwangju Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju Metropolitan City, the Defendant left from his service for a total eight days from February 26, 2015 to February 27, 2015, from March 2, 2015 to March 6, 2015, and from March 9, 2015 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to social work personnel, accusation against persons who have resigned from social work, fact-finding investigations on retirement, and daily service situation;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant had already been subject to suspended sentence due to the violation of the Military Service Act, but again committed the instant crime is disadvantageous.

However, in consideration of the fact that the defendant's mistake is against the defendant, the service period of the defendant remains long, the defendant's health status is not good, the defendant's violation of the Military Service Act has no other criminal power except for punishment once.