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(영문) 광주지방법원 순천지원 2016.02.03 2015고단839

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a social service personnel belonging to B in the field of general administrative support for the people's living hall of the Jongno-gu Seoul Metropolitan Government Facilities Management Corporation, and social service personnel shall not leave their service for at least eight days without justifiable grounds.

Nevertheless, from July 21, 2014 to October 30 of the same month, the Defendant left his service without justifiable grounds for a total of eight days.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the written accusation, a written investigation of the escape from service, one copy of the measures taken on the date of absence from office, one copy of the measures taken on the date of absence from office, and the Acts and subordinate statutes attached to daily service conditions;

1. The reason for sentencing under Article 89-2 subparagraph 1 of the Military Service Act regarding criminal facts is against the crime of this case, and the fact that the above crime is deemed to have been committed in order to raise family living expenses, etc. are favorable to the defendant.

However, there are four criminal records for the same kind of crime, and the suspension of the execution of imprisonment or more among them is also two times, and the crime of this case is committed again during the period of the suspension of the execution of the same criminal record, even though repeated crimes are committed, the preference of the defendant is against the balance between the defendant and many military service personnel who faithfully perform the duty of military service in a situation where it is more difficult to do so.

In addition, all the sentencing conditions in the records, such as the defendant's age, sex, environment, etc., shall be determined as per the disposition.