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(영문) 청주지방법원 충주지원 2018.01.16 2017고단861

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a social service personnel in charge of social welfare affairs in the “C” located in the Chungcheong City B, was prohibited from leaving his service for at least eight days in total without justifiable grounds, while he left his service for at least eight days in total, from September 28, 2016 to October 7, 2017 and from October 10, 2017, without justifiable grounds. < Amended by Presidential Decree No. 27779, Oct. 4, 2016; Presidential Decree No. 28448, Oct. 10, 2017>

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. A written investigation of renunciation of service;

1. A ledger of work status from September to October 2016;

1. Application of Acts and subordinate statutes to criminal investigation reports ( telephone conversations with suspect A and his/her father and leakage);

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense (a point of leaving office);

1. There is no sentencing criteria for a violation of the Military Service Act on the grounds of sentencing under Article 62(1) of the Criminal Act.

Although the Defendant is required to serve as a social service personnel in C from August 2016 to August 2018, the crime of this case was committed without permission from September 28, 2016, and was committed without permission from September 2016, 2016, and the Defendant was bad, and the Defendant was punished by a fine of KRW 3 million due to a violation of the Military Service Act due to the failure to perform the moving-in report around January 2015.

However, the suspension of execution shall be imposed in consideration of the following facts: (a) the Defendant has led to the confession of all of the crimes in this case and reflects; (b) if the opportunity to serve as a social service personnel is given in the future, the Defendant will faithfully work; and (c) the Defendant shall be sentenced to the suspension of execution by taking into account the above-mentioned fine and the punishment of a fine of KRW 300,000

In addition, the punishment as ordered shall be determined in consideration of various conditions of sentencing, such as the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.