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(영문) 수원지방법원 성남지원 2016.04.28 2016고단233

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From April 20, 2015 to November 13, 2015, the Defendant, who served as social service personnel in Sungnam Viewing B, was absent from his service for a total period of not less than eight days, or was not obliged to serve in the pertinent field without justifiable grounds, for four days from June 29, 2015 to July 2, 2015, and for five days from November 9, 2015 to November 13, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of accuser C;

1. A written accusation;

1. Application of Acts and subordinate statutes governing daily service conditions;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 13778, Jan. 19, 2016) on criminal facts

1. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has deserted his service as a social service personnel for eight days without justifiable grounds. In light of the content of the crime in this case and the legislative purport of the Military Service Act, the nature of the crime is not less than that of the crime.

However, considering the fact that the defendant's mistake is divided, speaks against, and faithfully serves, the defendant shall be sentenced as ordered in light of the circumstances leading to the crime of this case, the defendant's age, sexual behavior, and family relation, and all of the sentencing conditions in the records, such as records, shall be comprehensively taken into account.