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(영문) 전주지방법원 2016.04.08 2015고단2254

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 27, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Military Service Act by the Jeonju District Court on March 27, 2015, and the judgment became final and conclusive on November 4, 2015.

Defendant is a person who serves as a social service personnel in the Department C of the Yansan-gu Office in the Jeonju-ro, Jeonju-ro, 232, Jeonju-ro.

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

Nevertheless, the Defendant, on the ground that he/she takes part in the liquor, retired from his/her service without justifiable grounds during the period of eight days from November 11, 2015 to November 13, 201, and from November 16, 2015 to October 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against a person who deserts from the service of social service personnel;

1. Written statements of D;

1. A written investigation of the escape from service: A written investigation of the escape from service, a written inquiry about criminal history, a criminal investigation report (verification of such case, etc.), and a text of judgment (former District Court Decision 2015 High Court Decision 825) shall apply;

1. Reasons for sentencing under Article 89-2 subparag. 1 of the former Military Service Act (amended by Act No. 13778, Jan. 19, 2016) regarding criminal facts are favorable to the defendant, such as the fact that he/she is aware of his/her mistake and reflects it, and that the defendant repeatedly committed the instant crime during the period of suspension of execution for the same kind of crime, and other unfavorable circumstances such as the defendant’s age, sex, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., and the various sentencing conditions under Article 51 of the Criminal Act recorded in the records of the instant case, such as the circumstances after the crime, shall be determined as ordered.