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(영문) 서울중앙지방법원 2014.02.07 2014고단32

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From August 12, 2011, the Defendant served as a public duty personnel for disaster safety management support in the Seoul Urban Railroad Corporation, and is serving in the Kimpo Airport Station.

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

The Defendant did not work at the Kimpo Airport Station for 4 days from February 25, 2013 to February 28, 2013, 4 days from March 4, 2013 to July 7, 2013 without justifiable grounds.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. In sentencing, a punishment shall be determined by taking into consideration the favorable circumstances, such as the fact that the defendant, for the reason of sentencing under Article 89-2 subparagraph 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) regarding criminal facts, has been sentenced to one year of suspension of the execution of six months of imprisonment for public duty personnel on August 10, 2012, and that he/she again committed the instant crime, even though he/she was sentenced to one year of suspension of the execution of six months, due to the unfavorable circumstances against the defendant, such as the fact that he/she was in a situation where he/she has no family member