beta
(영문) 전주지방법원 군산지원 2017.07.19 2017고단638

병역법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From January 17, 2014, the Defendant is a social service worker who works for social welfare foundation D located in the following city C.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the defendant from June 29, 2016 to June 30 of the same year.

7.1.1.For the same year

7. From April 8 to the 8th day of the same month, he left his service without justifiable grounds for eight days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against a person who deserts from the service of social service personnel;

1. Reporting the secession from service of the social service personnel;

1. Application of Acts and subordinate statutes to a letter of the reason why he/she deserts his/her service;

1. On May 27, 2016, the Defendant, on the grounds of sentencing under Article 89-2 subparag. 1 of the pertinent Act on criminal facts, committed the instant crime during the suspended execution period after having been sentenced to imprisonment for a violation of the Military Service Act by the former District Court for ten months at the former District Court on May 27, 2016. The Military Service Act prescribes only imprisonment with prison labor for the secession from service of social service personnel, and therefore, it is inevitable to sentence the instant crime.

However, the defendant is willing to faithfully serve for the remaining service period after his release with his awareness of committing his crime.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence, circumstances before and after the crime, etc., shall be comprehensively taken into account, and the conditions of sentencing prescribed in Article 51 of the Criminal Act shall be determined like the order.