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(영문) 인천지방법원 2016.06.10 2016고단2161

병역법위반등

Text

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

Reasons

Punishment of the crime

On May 27, 2015, the Defendant was sentenced to imprisonment for a violation of the Military Service Act at the Incheon District Court Branch Branch Branch on May 27, 2015, and completed the execution of punishment on October 25, 2015.

The defendant 2016 high group 2161 shall not break away from service or serve in the relevant field for a total period of at least eight days, without justifiable grounds, as social service personnel belonging to the Seoul Residents' Self-Governing Center of the Incheon Southern-gu Office.

Nevertheless, the Defendant deserted his service on January 12, 2016, on the 18th day of the same month, on the 26th day of the same month, on February 12, 2016, on the 15th day of the same month, on the 15th day of the same month, on March 21, 2016; and on the 23th day of the same month without justifiable grounds.

Defendant 20, J. 2016, J. 2420, J. 20, L. 2016, L.W. 650,000,000 won in cash in other credit cooperatives, while working in the PC room located in Nam-gu Incheon Metropolitan City as an employee on March 20, 2016, after opening the door of this credit cooperative and leaving the door of this credit cooperative.

In addition, they stolen them.

Summary of Evidence

2016 Highest 2161

1. Statement by the defendant in court;

1. A written accusation;

1. A written investigation of secession from each service and a written investigation of secession from each service, which is 2016, grouped 2420;

1. Statement by the defendant in court;

1. A written statement;

1. Previous records of judgment on site pictures: Application of the statutes governing the sentence of judgment and the number and confinement status of each individual;

1. Relevant legal provisions concerning criminal facts, subparagraph 1 of Article 89-2 of the Military Service Act (a point of escape from social service), and Article 329 of the Criminal Act (a point of intention and a choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of punishment: Imprisonment with prison labor for one month to 18 years;

2. Since the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set are concurrent crimes under the former part of Article 37 of the Criminal Act, the lower limit is based on the lower limit of the sentencing criteria for the crimes for which the sentencing criteria are set [types], and the aggravated factors [special sentencing factors] are two types (general larceny) (special larceny factors) of the Act on thief for general property: The aggravated area of the same type of repeated crimes [the scope of the recommended area] that do not fall under special circumstances.