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(영문) 전주지방법원 2018.02.08 2017고단1786

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 became final and conclusive.

Reasons

Punishment of the crime

From May 22, 2017, the Defendant is a person who served as a social service personnel in the previous viewing division located in 10 as the full-time viewing square of the Nowon-gu, Seoul Special Metropolitan City from around May 2, 2017.

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

Nevertheless, the Defendant, from August 21, 2017 to August 25, 2017, was absent from service for at least eight (8) days on the ground that he/she did not work for the viewing of the preceding week without justifiable grounds for a total of eight (8) days. < Amended by Presidential Decree No. 28210, Aug. 21, 2017; Presidential Decree No. 28139, Aug. 29, 2017; Presidential Decree No. 282

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written investigation of deserting from service;

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act include only one different sentence of fine for the defendant for the reason of sentencing, the fact that the defendant recognized the defendant's mistake and reflects his fault, and that the defendant will faithfully serve in the future, and the punishment shall be determined as ordered in consideration of all kinds of sentencing conditions, including the defendant's age, sex, environment, etc.