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(영문) 의정부지방법원 2016.11.24 2016고단4590

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 27, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Military Service Act, and two years of suspended execution, which became final and conclusive on January 4, 2013, but the above suspended execution was revoked on July 11, 2014. On July 9, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Military Service Act at the Jung-gu District Court’s order on July 9, 2014, and completed the execution of each of the above sentence in the Seoul Southern Prison on September 13, 2015.

【Criminal Facts】

The defendant is a person who has worked as a social work personnel at the team in the Myeon of Myeon of Myeon of Myeon of Myeon of Myeon of Myeon of Namyang-ju.

Social work personnel shall not leave their office or perform their duties in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant left service for at least eight days from March 4, 2016 to March 15, 2016 without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. A written investigation of the reason for a secession from service and a fact that a secession from service;

1. Investigation report (to hear a telephone statement of a public official in charge);

1. Previous records of judgment: Criminal history records, results of the search of prisoners, investigation reports (recognating and confirmation of repeated crimes), status of confinement by individuals, judgment, investigation reports (verification of the date of confirmation of judgment), investigation reports (verification of the date of confirmation of judgment), and application of Acts and subordinate statutes to criminal records, etc.;

1. Article 89-2 (1) 1 of the relevant Act concerning criminal facts;

1. Circumstances unfavorable to sentencing under Article 35 of the Criminal Act among repeated offenders: The defendant does not go against the fact that he had the record of criminal punishment twice as a result of the violation of the Military Service Act, but commits each of the crimes of this case at the same time during the repeated crime period; the statutory punishment for the crime of this case only exists: The confession of and reflects the crime of this case: The defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime of this case, and other factors such as sentencing factors as prescribed in the subparagraphs of Article 51 of the Criminal Act, such as the situation after the crime, etc.