beta
(영문) 서울동부지방법원 2014.01.15 2013고단3138

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who served in the Bupyeong-gu transportation administration division and general administrative support division, was absent from his service for at least eight days in total without justifiable grounds while leaving his office or failing to serve in the relevant field for a total period of not less than eight days. < Amended by Presidential Decree No. 24240, Oct. 2, 2012>

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written accusation;

1. Application of the Acts and subordinate statutes of a report on the escape from service, a statement of reason for escape from service, a written inquiry about the recipient of the notification of re-service, and a recruit service

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11530, Dec. 11, 2012) on criminal facts

1. It shall be decided as ordered for the reason that the suspended execution is not less than Article 62 (1) of the Criminal Act (i.e., the fact that the defendant returns to and completes his service);