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(영문) 인천지방법원 부천지원 2017.08.24 2016고단2464

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is a member of the community service personnel in charge of administrative assistance in the viewing of ceiling, and the Defendant did not work for the viewing of ceiling without justifiable grounds for the total period of 15 days from around July 13, 2016 to around August 15, 2016, and from around August 4, 2016 to around August 22, 2016.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a written investigation of departure from each service (list 3, 4), a list of service records (list 5), each message content (list 6, 9), each business trip report (list 7, 8);

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 (a confession, a confession for a period of four months or more is likely to seriously reflect on a crime during the period of detention, and will be in good faith in the performance of military service in the future;

It is repeated that there is no criminal record of the same kind of criminal record or of the suspension of execution.

1. Protective observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.