beta
(영문) 서울중앙지방법원 2014.10.31 2014고단3009

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 29, 2009, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Military Service Act at the Seoul Central District Court on December 29, 2009, and was released on July 30, 2010 during the execution of the sentence, and the parole period passed on September 26, 2010.

The Defendant, as Seoul metro C public duty personnel, submitted a certificate of discharge from his office on October 13, 2010 and started their re-service from October 26, 2010 to October 29 of the same month, was absent without permission for at least 4 days from November 1, 2010 to April of the same month, and went off for at least 8 days in total without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Protocol of examination of the witnessF;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A written accusation;

1. A fact-finding report on a deviation from service and an explanatory report on a deviation from service;

1. Daily service status register and details of personal notification of changes;

1. Answers to requests for cooperation with investigation;

1. Each investigation report (the confirmation of the difficulty in livelihood and the report on the call of a person in charge of service in the Seoul Match Office for Public Interest Personnel of Defendant A);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) (amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. The Defendant did not receive a proper notification as to whether the Defendant had justifiable grounds for repeated crime Article 35 of the Criminal Act, and applied for a reduction or exemption of military service to the Military Manpower Administration due to difficulties in livelihood, and did not hear and serve the words waiting for it from the Military Manpower Administration, and actually received a notice of call-up for civil defense training since 2011, and participated in civil defense training, and accordingly, the Defendant asserts that there is justifiable reason for the decline in service.

In full view of the above evidence, the defendant on October 201, 201 at the time of investigation by the prosecution.