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(영문) 대구지방법원 2014.10.02 2013고단1855

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 17, 2009, the Defendant was sentenced to eight months of imprisonment due to a violation of the Punishment of Violences, etc. Act (joint injury) in the branch court of the Daegu District Court on December 17, 2009 and completed the execution of the sentence at the Daegu Detention Center on August 17, 2010.

No one who serves as public interest service personnel shall desert from their service for eight or more days in total without justifiable grounds.

Nevertheless, the Defendant, from March 28, 2011, retired from his service on June 29, 201 while serving as public interest service personnel B in Daegu North-gu Office, and retired from his service without justifiable grounds for at least eight (8) days in total. < Amended by Act No. 11148, Jan. 12, 2012; Act No. 11204, Jan. 20, 2012>

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written accusation, a written investigation of escape from service, a daily service situation register, and a statement of service records in supplemental service;

1. Investigation report (verification of service relationship, etc. of accused public officials, telephone communications suspects, etc.);

1. Previous convictions indicated in judgment: Inquiries into inquiry reports and confirmation of the history of repeated crimes (applicable to each judgment and the current status of personal identification and confinement);

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, committed a crime during the period of repeated crime as indicated in the judgment of the defendant, and the defendant's application for divided service for a period of six months has been extended by more than twice during his/her public interest service but does not return to the public interest service after the expiration of his/her service period, and other various reasons for sentencing as shown in pleadings, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc.