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(영문) 춘천지방법원 강릉지원 2016.05.20 2016고단196

병역법위반

Text

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

Reasons

Punishment of the crime

The Defendant is a person who serves as a social service personnel from “D” located in C at three times.

Although social service personnel have left their service or have not performed their duties in the relevant field for at least eight days in total without justifiable grounds, the Defendant did not serve as a social service personnel for at least eight days in total as of October 1, 2015, from October 5, 2015 to October 8, 2015, from October 12, 2015, to October 16, 2015; five days from October 19, 2015 to October 23, 2015; and five days from October 19, 2015 to October 23, 2015 without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written investigation deserting from service;

1. A person who committed a second offense during the same period of suspension of punishment under Article 89-2 subparag. 1 of the relevant Act on criminal facts, and since the statutory penalty is only imprisonment, the defendant is inevitable to be sentenced to imprisonment.

However, the sentence against the defendant shall be determined in the same manner as the order of the defendant, considering the fact that the defendant is late due to the absence without permission of this case, the background of the absence without permission of this case, the family environment and age of the defendant, the amount of the punishment that is invalidated and executed due to the confirmation of this judgment (six months).