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(영문) 대구지방법원 2014.06.20 2014고단1492

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a public official working personnel belonging to the Jung-gu Seoul Metropolitan City Office B.

The Defendant used sick leave from around December 31, 2013 to January 21, 2014, which was three weeks from around December 31, 2014, and left service for at least eight (8) days from January 22, 2014 to February 5, 2014 without a separate application for sick leave.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a charge, a notice of re-service, an investigation report of evasion from service, and an investigation report (to hear a call of a public official in charge of accusation);

1. The reason for sentencing under Article 89-2 subparagraph 1 of the Act on Criminal Crimes is that the defendant committed a violation of the Military Service Act, which is not punishable by imprisonment, under the statutory penalty, during the period of suspension of the execution of the same kind of crime, and it is inevitable to sentence him/her as

However, considering favorable circumstances, such as the fact that the defendant acknowledges and reflects his mistake, that the defendant will faithfully serve public interest in the future, that the defendant's health was not good, that the suspended imprisonment will be invalidated if this judgment becomes final and conclusive, the punishment as ordered shall be determined by taking into account various sentencing factors as shown in the arguments of this case, such as the defendant's age, character, character, character, environment, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime.