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(영문) 부산지방법원 2017.10.13 2017고단4401

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service personnel working in the field B of Busan Traffic Corporation, and social service personnel shall not leave or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, from January 4, 2016 to January 5, 2016, from January 2, 2016, from January 12, 2016 to January 13, 2016, from January 13, 2016, from January 201 to January 13, 2016, from January 24, 2016 to February 5, 2016, was absent from his service or did not serve in the relevant field without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing daily service conditions;

1. Relevant Article of the Act and Article 89-2 of the Military Service Act concerning criminal facts, the selection of punishment for imprisonment, and the selection of punishment;

1. Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution applies for absence from office for the reasons of sentencing, and the liability for the crime is not less than that of the crime by leaving office by attaching a medical certificate fabricated as evidentiary materials, but is against the fact that there is no record of the same crime, the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime shall be determined by comprehensively taking into account the following factors.