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(영문) 대구지방법원 2015.05.29 2015고단1859

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

No public duty personnel member shall leave his/her service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant was called as a public interest service personnel on June 21, 2010 and served as a general administrative support personnel for a period of not less than eight days from July 2, 2010 to February 10, 201.

Accordingly, the defendant has deserted his service for not less than 8 days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing accusationss, accusationss, written statements and service records of supplemental service to public duty personnel;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. It is not good that the period of secession from serving in the grounds for sentencing under Article 62(1) of the Criminal Act is longer appropriate.

However, in light of the circumstances favorable to the defendant and the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the fact that the defendant has no criminal records before he commits the instant crime, and that the defendant repents wrong facts and faithfully serves in the remaining service, etc., the punishment shall be determined like the order.