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(영문) 대구지방법원 서부지원 2017.04.27 2016고단2393

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is serving as a social service personnel who assist the general administration at the member-gu C community service center in Ansan-si, Gyeonggi-do.

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

Nevertheless, the Defendant left from office without justifiable grounds for a total of 19 days, including from June 14, 2016 to the following day, from July 11, 2016, and from August 1, 2016 to August 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written accusation by the head of the Dong of Ansan-si;

1. Application of Acts and subordinate statutes to daily records of service status, statement of secession from service, and investigation of secession from service;

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. The reasons for sentencing prescribed in Article 62-2(1) of the Criminal Act, which are the same as the order, shall be determined in consideration of the fact that the defendant is able to engage in a sincere service in depth, that the defendant has dependents to the defendant, and that the defendant has no previous conviction exceeding the fine, and that the defendant has no previous conviction;