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(영문) 인천지방법원 부천지원 2016.07.08 2016고단1146

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant is a person who served as a social service personnel in fathercheon-Viewing B.

Despite the fact that social service personnel have not left their service for at least eight days in total without justifiable grounds, the Defendant left their service for at least four days from December 8, 2015 to December 11, 2015; for two days from December 21, 2015 to December 22, 2015; for three days from March 7, 2016; for three days from March 30, 2016 to April 1, 2016; for 1 days from April 5, 2016; for 12 days from April 8, 2016 to December 22, 2016; and for eight or more days in total as they have failed to attend their viewing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. A written investigation of the renunciation of service;

1. Application of Acts and subordinate statutes to the details of secession from service;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the defendant who deserts from his service without permission despite his status as a social service personnel.

However, in consideration of the favorable sentencing factors, such as the fact that the defendant has no record of criminal punishment, the fact that he/she is divided into his/her wrong and faithfully working, etc., the punishment like the order shall be determined.