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(영문) 대전지방법원 2015.12.02 2015고단3043 (1)

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Since the defendant has been assigned to the Korea Railroad Corporation D Station in Sejong Special Self-Governing City from July 7, 2014 as social work personnel, he/she shall not leave his/her service for at least eight days in total without justifiable grounds.

Nevertheless, during the period from January 14, 2015 to April 15 of the same month, from April 3, 2015 to April 12:00, from April 3, 2015 to April 13, 2015, from May 21, 2015 to April 22, 2015; and from June 1, 2015, from around June 18, 2015 to without permission, the Defendant left office for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A fact-finding report on a breach of service and an explanatory report on a breach of service;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1)(C) of the Criminal Act: The circumstances favorable to the defendant, on account of the extreme personal circumstances such as the defendant's "a sudden absence of employment", "a good body inside", and "a mobilephone is broken out", etc., have left from service without any contact with the service institution for not less than eight days without any contact: confession, reflectivity, the defendant has no criminal record for the same kind of crime, and the defendant is able to faithfully serve as social work personnel: The defendant's age, family relation, criminal records, etc. are sentenced to imprisonment with prison labor for not less than six months, and the suspension of execution for not less than two years. It is so decided as per Disposition.