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(영문) 광주지방법원 2013.10.01 2013고단3510

병역법위반

Text

A defendant shall be punished by imprisonment for four 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

From May 23, 2011, the Defendant is one of the public interest service personnel who were engaged in the general administrative support duties as public interest service personnel belonging to the Sungsung Military Administration B.

Although a public duty personnel member is not allowed to leave his service for a total period of not less than eight days without justifiable grounds, the defendant, among the public duty personnel, did not work without justifiable grounds for the environmental protection and work for the above head of Sungsung-gun Office for the total period of not less than 11 days from July 14, 201, from August 4, 201 to May 5 of the same month, from August 18, 201, from August 19 to September 19 of the same month, from February 22 of the same month to February 23 of the same month, from February 26 of the same month, from March 29 of the same month, from around 11th of the same month to March 31 of the same month.

Accordingly, the defendant left his service for a total period of not less than 8 days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a written investigation of a breach of service and an explanatory reason for a breach of service;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was notified that he will return to his service as public duty personnel several times and without any justifiable reason, and even if he was notified that he will return to the service, the nature of the crime of the defendant is not less than eight days, but the defendant is divided and reflected in his mistake, the defendant has a criminal record of having been sentenced one time to suspend the execution of his sentence and one time to imprisonment, but there is no record of being punished for the same kind of crime, the defendant is able to faithfully engage in military service if he is given the opportunity in the future as he applied for re-service at present, and the punishment shall be determined as ordered by taking into account all such factors as the motive, means and result of the crime in this case, circumstances after the crime, the defendant's age, character and conduct, family environment, etc., and the execution of the sentence