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(영문) 대전지방법원 천안지원 2013.10.10 2013고단977

병역법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a public duty personnel member who is serving in B, from March 8, 2013 to November 15 of the same month, and from March 8, 2013 to the same year.

5. Unauthorized absence from office from July to October of the same month, from around 13th of the same month to around 14th of the same month, left from office for a total of eight days or more without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution and the police interrogation of the accused;

1. Application of Acts and subordinate statutes to a charge, a written accusation, a written investigation of a deviation from service, a daily service situation register, and a written protocol of service status;

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

1. Although the nature and circumstances of a crime are not weak in that the defendant neglected to perform his duty of military service by repeating without permission for the reason of sentencing under Article 62(1) of the Criminal Act, the execution of a sentence shall be suspended in consideration of the fact that the defendant is making a confession of all crimes and completing his military service while making a confession;