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(영문) 의정부지방법원 고양지원 2016.08.10 2016고단1324

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From December 121, 2015, the Defendant served as social service personnel in the “D School” located in C during Pakistan.

Although social service personnel have not left their service for at least eight days in total without justifiable grounds, they have left their service for at least eight days in total due to their personal circumstances, such as December 24, 2015; December 28, 2015 through December 29, 2015; January 4, 2016 through January 5, 2016; and January 19, 2016; and January 222, 2016; and April 1, 2016;

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a written statement on the reason of secession from service and a warning;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. The content of a crime committed by a defendant replacing the duty of military service as a social service personnel with the reason of sentencing under Article 62(1) of the Criminal Act is not good considering the equity between active service personnel and active service personnel.

However, it is reasonable to take into account the fact that the defendant shows an attitude against the defendant, that the D School Teachers, etc., who are workplaces, want to be able to support the criminal process and the defendant's present attitude of working, and that there is no criminal record of the same kind.

In addition, the sentencing grounds prescribed in Article 51 of the Criminal Act shall be considered, and the punishment shall be determined as per the order.