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(영문) 춘천지방법원 속초지원 2014.12.17 2014고단377

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 6, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act in the early branch of the Chuncheon District Court on December 6, 2013, and on April 10, 2014, which became final and conclusive on April 10, 201.

Any person shall neither leave nor serve in the relevant field for at least eight days in total as a social work personnel without justifiable grounds.

Nevertheless, the Defendant, while serving as a social work personnel at the Seocho-si Residents Support Center located at the Seocho-si, from August 6, 2014 to August 8 of the same month without justifiable grounds, left from November 1 to April 14 of the same month, from around the 18th day of the same month to the 22th day of the same month, and left from the service for 13 days in total.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A report on the reason for a secession from service and a report on the escape from service;

1. Previous convictions indicated in his/her judgment: references to criminal records, references to criminal records (A), investigation reports (verification of the same attached records), and application of Acts and subordinate statutes of two copies of judgment;

1. The sentence of a criminal defendant is inevitable in light of the fact that the crime of this case committed again during the period of the suspension of execution for sentencing under Article 89-2 subparagraph 1 of the Act on the Punishment of Criminal Crimes for the same Crimes, and that only the imprisonment is a statutory penalty for the crime of this case.

However, if this judgment becomes final and conclusive, the sentence of suspended execution in the judgment can be invalidated, and the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, shall be determined by considering all of the conditions of sentencing prescribed in Article 51 of the Criminal Act.