beta
(영문) 청주지방법원 2017.11.09 2017고단1024

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On July 13, 2016, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Military Service Act at the Cheongju District Court, and the said judgment became final and conclusive on July 21, 2016.

[Criminal facts] Defendant is a person who serves as a social service personnel from “C” located in substantial Gu Section B of Cheongju-si.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant from around April 3, 2017

4. Until December 13, 198, he/she left office for at least eight (8) days without good cause, such as failing to attend the center for nine (9) days.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the Acts and subordinate statutes of the Ministry of Land, Infrastructure and Transport to a written investigation of secession from service;

1. 범죄사실에 대한 해당 법조 병역법 제 89조의 2 제 1호 양형의 이유 o 불리한 양형 사유: 피고인 읜 사회 복무요원 신분에도 불구하고 정당한 사유 없이 복무를 이탈하는 등 죄질이 좋지 않음. 동종 범죄로 집행유예를 선고 받은 전력이 있음에도 거듭 판시 범죄를 저지름. o 유리한 양형 사유: 판시 전과 외에 범죄 전력이 없음.