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(영문) 인천지방법원 2017.07.07 2017고단3707

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant was called as a social service personnel on November 26, 2015 and is serving in the 307 Seo-gu Incheon Seo-gu Incheon Western District Office B, Seogu, Incheon.

Although social service personnel shall not leave their service for at least eight days in total during their service period without justifiable grounds, the Defendant, without justifiable grounds, left their office for at least nine days in total. < Amended by Presidential Decree No. 27809, Jun. 1, 2016; Presidential Decree No. 27502, Oct. 27, 2016; Presidential Decree No. 27420, Oct. 27, 2016; Presidential Decree No. 27404, Oct. 31, 2016; Presidential Decree No. 27790, Nov. 30, 2016; Presidential Decree No. 27440, Mar. 29, 2017>

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning the filing of an accusation, a written investigation into the escape from service, a statement of the escape from service, and the promotion of service management;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. According to the suspended sentence Article 62(1) of the Criminal Act, all the sentencing factors revealed in the instant case, such as the Defendant’s age, sexual conduct, environment, background and motive leading to a crime, and circumstances after a crime, etc., shall be comprehensively considered and determined as ordered by the sentence.