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(영문) 인천지방법원 2013.07.03 2013고단1985

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant was called as public interest service personnel around April 2012 and is currently serving at Cmiddle School in Incheon Nam-gu.

The Defendant, while serving as public interest service personnel, has not worked at C Middle Schools for a total period of 13 days in total without justifiable grounds, for the following reasons: < Amended by Presidential Decree No. 2420, May 30, 2012; Presidential Decree No. 24202, Jul. 16, 2012; Presidential Decree No. 24290, Nov. 20, 2012; Presidential Decree No. 24234, Nov. 20, 2013; Presidential Decree No. 24388, Feb. 4, 2013; Presidential Decree No. 24374, Feb. 22, 2013; Presidential Decree No. 24370, Feb. 26, 2013; Presidential Decree No. 24374, Feb. 27, 2013>

Accordingly, the defendant, as a public interest service personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a fact-finding report on a secession from service, daily service status register, and work status ledger;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. The suspended sentence shall be sentenced in consideration of all kinds of sentencing conditions, including the defendant's age, environment, etc., where the reason for sentencing under Article 62 (1) of the Criminal Act led to the confession of the crime of this case, the defendant has no record of being sentenced to the punishment of the same kind of crime or the suspended sentence, and the defendant will faithfully serve;

It is so decided as per Disposition for the above reasons.