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(영문) 인천지방법원 2018.11.07 2018고단6919

병역법위반

Text

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

Reasons

Punishment of the crime

From May 10, 2018, the Defendant served as social service personnel in Dong-gu Incheon Metropolitan City C from May 10, 2018.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant served in the above D, and did not work for at least eight days in total for nine days from May 21, 2018 and May 25, 2018 to June 5, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing daily service;

1. On January 25, 2017, the Defendant, on the grounds of sentencing under Article 89-2 subparag. 1 of the pertinent Act on criminal facts, was sentenced to a suspended sentence of four months for a violation of the Military Service Act at the Incheon District Court, and on February 8, 2018, the Defendant was sentenced to a suspended sentence of one year for a violation of the same Act at the Incheon District Court’s imprisonment for a violation of the Military Service Act, and the judgment became final and conclusive on February 20, 2018.

It is sentenced that the crime of this case has been committed again during the period of suspension of execution due to the same crime, and that only imprisonment is prescribed by the statutory penalty.

However, considering the fact that the surface of the defendant was partially disabled and that the suspension of execution is invalidated when this judgment becomes final and conclusive.

In full view of the above circumstances, the punishment as ordered shall be determined as above.