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(영문) 인천지방법원 2014.11.13 2014고단2462

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On September 27, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court. On November 29, 2012, the Incheon District Court sentenced two months of imprisonment for fraud and completed the enforcement of the sentence at the Incheon Detention House on July 27, 2013.

【Criminal Facts】

Defendant is a social work personnel belonging to Bupyeong-gu Incheon Metropolitan City Office C, Bupyeong-gu, 168, as Bupyeong-gu, Incheon Metropolitan City.

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

Nevertheless, the Defendant retired from his service for at least eight days in total due to the Defendant’s failure to attend the above workplace without justifiable grounds for two days from February 14, 2014, February 17, 2014 to February 21, 2014, and February 24, 2014 to February 25, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written investigation of the escape from service;

1. Previous records of judgment: Application of criminal records, investigation reports (report on the progress of separate trials, repeated crimes and reports) and Acts and subordinate statutes;

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

1. The grounds for sentencing under Article 35 of the Criminal Act among repeated offenders are recognized and divided. The military service officer and the public official in charge of the Gu office seek the Defendant’s preference, the circumstances leading to the crime, the circumstances before and after the crime, and the Defendant’s family environment, etc. are determined as stated in the disposition, taking into account all the circumstances, such as the fact that the Defendant is obliged to receive a sentence after being well aware of the fact that the Defendant committed during the period of repeated crime and completed his military service after being released therefrom, and thus, there is no concern about escape. Thus, the statutory detention is not required.