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(영문) 서울중앙지방법원 2015.04.02 2014고단9645

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 21, 2013, the Defendant is a person who was sentenced to the suspension of the execution of imprisonment for six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death and Injury resulting from Dangerous Driving) in the Gwangju District Court's Support on February 21, 2013 and who works for Dongjak-gu Office C and social work personnel in the Dongjak-gu Seoul Metropolitan Government Labor

The Defendant did not attend the working place without justifiable grounds for 4 days from December 17, 2013 to 20 days of the same month, for 2 days from the 23th to the 24th day of the same month, for 2 days from the 24th day of the same month, for 5 days from August 26, 2014, and for 5 days from November 3 to the 7th day of the same month.

After all, the defendant, as a social work personnel, has deserted from service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a report on a deviation from service and a report on fact-finding of a deviation from service;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. In light of the fact that the defendant, on the grounds of sentencing under Article 89-2 subparagraph 1 of the relevant Article of the Military Service Act as to criminal facts, has deserted his service for a period exceeding 8 days (12 days in total) without justifiable grounds, the nature of the crime is bad, the defendant is in profoundly against his mistake, the defendant has no record of being punished for the same crime, and the defendant has no record of being punished for the same crime, and other circumstances constituting the conditions of sentencing as shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive and circumstance of the