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(영문) 대전지방법원 2013.11.08 2013고단2673

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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

No person shall desert away from his office or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant served as a public interest service personnel at the Simsan-gun, Simsan-gun, Geumsan-gun without any justifiable reason while serving as a public interest service personnel on June 20, 2013, and was serving as a public interest service personnel as specified in the attached list of crimes, and went away for 10 days in total without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes governing re-designation of the public interest service personnel service agency, a written accusation, a written investigation of evading service;

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

1. Although the criminal liability of the defendant for the crime of this case in the reason of sentencing under Article 62(1) of the Criminal Act is not minor, the defendant's mistake is divided in depth and serves faithfully as public interest service personnel, and the defendant's age, character, conduct, intelligence and environment, motive, means and consequence of the crime, and various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered, by comprehensively taking into account.