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(영문) 수원지방법원 안산지원 2017.01.13 2016고단4402
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

The defendant was called as a social service personnel on October 4, 2015 and was assigned to the C high school located in Ansan-si, Masan-si from November 4, 2015, and serves as an activity support personnel for disabled students as a social service personnel for disabled students.

The Defendant did not work in the above C High School, which is working for 13 days in total, including April 8, 2016, April 15, 15, 19 through December 22, 2016, 4 days from November 11 to November 4, 11 of the same year, and 3 days from July 7 to September 9 of the same month, on the ground that it is difficult for the Defendant to live in the above C High School.

Accordingly, the defendant left his service for a total period of not less than eight days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation, a written statement of escape from service, and daily service conditions;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act reflects the reason for sentencing, and the remaining service period is faithfully performed during the remaining service period.

In addition to the two-time fine, there is no particular criminal offense.

In addition, all the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by considering the following factors.

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