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(영문) 인천지방법원 2018.09.14 2018고합499

군무이탈등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant entered the Army on October 16, 2017 and served as a driver or soldier in the Army from December 21, 2017.

1. On May 15, 2018, the Defendant assaulted the victims in the same manner as the victim E (21) who is a single soldier belonging to the above military unit, by hand, on the ground that the Defendant wanted to have a branch commander at the six living rooms of the above headquarters located in Yang-gu, Gangwon-do, Yangpo-gun, Yangpo-gun-gun, and that the Defendant did not take care of the branch commander at any time, and that the Defendant did so, the Defendant assaulted the victims in the same way as the victim F (22 years of age) who is a single soldier belonging to the above military unit.

2. On May 15, 2018, the Defendant escaping from military service: (a) drafted a written statement by assaulting described in paragraph (1) around 23:39 on May 15, 2018; and (b) returned to a living room, and went away from the building through the window on the first floor of the living room for the purpose of evading military service; and (c) escaped to a nearby camping station beyond the steel network fence, and (d) went away from military units for about 12 hours from May 16, 2018, following day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against E, F, G, H, I, J, K, L, or M;

1. Where he/she manages personal affairs of soldiers and issues personnel orders;

1. Reporting an investigation (related to the verification of CCTVs under his/her control) and reporting the arrest of a person who deserts military service;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (a point of violence, choice of imprisonment, or punishment) concerning the facts constituting an offense, and Article 30 (1) 3 of the Military Criminal Act (a point of escape from military service);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of adding up the long-term punishment of each of the crimes of secession from military service, the largest punishment of which is prescribed for the crime of secession from military service);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of punishment by law: Imprisonment for not less than six months - seven years;

2. The sentencing criteria are not set for a crime of escaping from military service following the period of sentencing.

(a)each crime of assault (a).