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(영문) 창원지방법원 진주지원 2018.02.27 2017고단851

병역법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal history] On May 3, 2011, the Defendant was sentenced to imprisonment for a violation of the Military Service Act at the Jinwon District Court's Jinwon Branch on the same day on two occasions, including imprisonment for a violation of the Military Service Act.

[Criminal facts] Social Service personnel shall not leave their office for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant left his service because he did not attend the above community service center for 12 days in total from August 16, 2017 to August 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written accusation;

1. A written investigation report on the escape from service, a statement on the escape from service, and a daily service status book;

1. A written accusation;

1. Previous convictions: A reply to inquiry, such as criminal history, and application of the same criminal records statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observing protection and observation - Circumstances unfavorable to him/her: Confession of a crime and reflectivity;