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(영문) 대전지방법원 천안지원 2018.01.19 2017고단2316

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The written indictment for public interest service personnel is stated as social service personnel, but the name of the law at the time of crime is the public interest service personnel, and shall be corrected ex

No one shall desert from his service for at least eight days in total without justifiable grounds.

From May 2, 2012 to November 2, 2012, the Defendant: (a) applied for division service from around May 2, 2012 to around November 2, 2012; and (b) from around around November 2, 2012, the Defendant left his/her house without any justifiable reason to the B middle school located in Seocheon-gu, Seocheon-gu, Incheon; (c) from around November 2, 2012 to around November 13, 2012, the Defendant left his/her house without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against a person who deserts from service, and a fact-finding survey report;

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

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

1. In light of the various sentencing conditions indicated in the instant trial proceedings, the sentence shall be determined as ordered in the light of the following: (a) there was a history of criminal punishment for the same type of crime for the reason of sentencing under subparagraph 1 of Article 89-2 of the Military Service Act (amended by Act No. 11849, Jun. 4, 2013) regarding criminal facts; (b) the recidivism during the period during which the same crime was suspended; and (c) the self-denunciation was committed after the escape; and