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(영문) 수원지방법원 2016.06.03 2016고단1641

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act at the Suwon District Court, for six months, and the judgment became final and conclusive on the 23th of the same month.

The Defendant was given a warning from the Suwon Market on eight occasions in total, as a matter of course, of the fact that he/she had worked as a social service personnel in Suwon-si, on December 1, 2014; on December 19, 2014; on April 1, 2015; on April 2, 2015; on April 6, 2015; on April 8, 2015; on April 2, 2015; on April 24, 2015; on March 9, 2016, he/she had worked after work commencement.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigations into each service status, reports on violations of duty without return, and reports on changes in status;

1. Previous convictions: Application of respective Acts and subordinate statutes of inquiry letter, such as criminal history, investigation report (a criminal suspect A and attachment of the same criminal record and judgment);

1. Subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the same Act concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) has no history of criminal punishment before the instant case, confessions a crime, and the Defendant appears to have served as a social service personnel in good faith, and the instant crime shall be taken into account, such as the violation of the first head of the judgment and the violation of the Military Service Act, which are concurrent crimes of a group