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(영문) 수원지방법원 안산지원 2017.10.12 2017고단1751

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was called as a social service personnel around October 2015 and is placed in D high schools located in Ansan-si, Masan-si from November 4, 2015, and serves as a social service personnel for disabled students.

The Defendant did not work at the above D High School for three days from April 12, 2017 to April 14, 2017; for five days from April 17, 2017 to April 21, 2017; for five days from April 24, 2017 to April 28, 2017; for five days from April 24, 2017 to April 28, 2017; for five days from May 1, 2017; for five years from May 2, 2017; for three days from May 10, 2017 to May 12, 2017;

Accordingly, the defendant left his service for a total period of not less than eight days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a daily report on the status of service, a report on the escape from service, and a report on the fact of escape from service;

1. Investigation reports (to telephone conversations with personnel in charge of administration of D High Schools, etc.);

1. The reason for sentencing under Article 89-2 subparagraph 1 of the Act on the Punishment, etc. of Criminal Crimes is that the crime in this case is committed as a social service personnel and has left service even though they are during the period of suspension of execution for the same kind of crime, and it is inevitable to sentence a sentence in light of the statutory penalty

However, the same sentence as the order shall be determined in consideration of favorable circumstances, such as the fact that the defendant recognized his mistake and reflects, and the conditions of the sentencing prescribed in Article 51 of the Criminal Act.