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(영문) 인천지방법원 2016.11.17 2016고단6197

병역법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 2015, the Defendant was absent from service on December 7, 2015, 2015, and on September 12, 2016, he/she was absent from service for at least eight days in total without justifiable grounds. < Amended by Presidential Decree No. 26858, Jan. 14, 2016; Presidential Decree No. 27470, Jan. 15, 2016; Presidential Decree No. 27475, Mar. 11, 206; Presidential Decree No. 27475, Aug. 19, 2016; Presidential Decree No. 27475, Aug. 23, 2016; Presidential Decree No. 27475, Sep. 12, 2016>

Summary of Evidence

1. Defendant's legal statement;

1. A report on the reason for a deviation from service and a report on fact-finding of a deviation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act (i.e., the expression of good faith in performing the duty of service);

1. Probation under Article 62-2 of the Criminal Act;