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(영문) 수원지방법원 평택지원 2014.10.30 2014고단1291

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Public duty personnel shall not leave their post or serve in the relevant field for a total period of not less than eight days without justifiable grounds.

Nevertheless, the Defendant, from January 2, 201 to March 5, 201, was serving as public interest service personnel in the field B at the office of budget bureau of 222-3, from February 22, 2012 to February 24, 2012; three days from February 27, 2012 to February 29, 2012; one day from March 2, 2012; and six days from March 5, 2012 to October 10, and went away from his service for a total period of not less than eight days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written accusation;

1. Application of the Acts and subordinate statutes to a written investigation of secession from the service, a statement of secession from the service, and a statement of recruit registration;

1. In full view of the following facts: (a) the Defendant’s criminal history of sentencing under Article 89-2 Subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) related to criminal facts is two times; (b) the Defendant has been notified that he will return to his service as a public duty personnel on several occasions; (c) the Defendant left his service for more than eight days without justifiable grounds; (d) the Defendant left his domicile for more than two years; (e) the Defendant was deprived of his domicile; and (e) the motive for starting his escape from service appears to be an excessive absence from office; and (e) the Defendant was seriously damaged the period of his service as a public duty personnel; and (e) there is a need for a sentence to be sentenced because his liability for such crime

On the other hand, in determining punishment, a punishment shall be determined as ordered in consideration of the fact that the defendant expresses his intention to serve for the remaining period as a public duty personnel, the family relation, health status, etc. of the defendant.