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(영문) 광주지방법원 2018.03.22 2017고단5105

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

[Final Judgment] On October 20, 2017, the Defendant was sentenced to a suspended sentence of three years on August 28, 201 to imprisonment with prison labor for night building intrusion larceny at the Gwangju District Court, and the judgment became final and conclusive on the 28th of the same month.

[Criminal facts] Social Service personnel shall not leave their office for at least eight days without good cause.

Nevertheless, the Defendant retired from his service without justifiable grounds for eight days in total, including on January 26, 2017; and on August 14, 2017, when he was called and served as a social service personnel for supporting general administrative affairs in the Gu Office B of Gwangju Mine-ro 15 Gwangju. < Amended by Act No. 14532, Feb. 1, 2017; Act No. 14832, Mar. 10, 2017; Act No. 14839, Mar. 13, 2017; Act No. 14839, Jun. 26, 2017; Act No. 14839, Aug. 14, 2

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Adjustment of the service conditions of social service personnel;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report attaching a sentence of judgment);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include: (a) the defendant has committed a crime against himself; (b) the defendant has no criminal record for the same kind of crime; (c) the defendant's health status; and (d) the defendant's age, sexual conduct, environment, motive for the crime; and (e) the conditions for sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime