beta
(영문) 수원지방법원 2017.09.20 2017고단4145

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From July 31, 2014, the Defendant served as a social service personnel in the Young-gu Office B of Young-gu, Suwon-si.

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

Nevertheless, for 13 days from March 6, 2017 to March 22, 2017, the Defendant left the service for at least eight days in total due to the Defendant’s failure to attend the service without justifiable grounds for 17 days from March 24, 2017 to March 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a charge, an investigation report on the state of absence;

1. The grounds for sentencing under Article 89-2 subparag. 1 of the relevant Act on criminal facts have been sentenced to the suspended sentence due to the secession from office, and the defendant does not leave his office again during the suspended sentence period and does not attend the designated workplace repeatedly for a considerable period of time. The crime of this case is impossible to sentence the suspended sentence and only imprisonment is prescribed under the provisions of the said Military Service Act, which makes it inevitable to sentence imprisonment with prison labor. However, the defendant shows an attitude to reflect on the depth of the crime; where the case is finalized, the suspended sentence should be imposed together until the suspended sentence is finalized.