logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.07.01 2015고단2195
병역법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant was called as a social service personnel on November 20, 2014, and served as a social service staff member at the community service center located in the Gu in a considerable area of Cheongju-si from September 14, 2015.

Although social service personnel shall not leave their service for at least eight days in total without justifiable grounds, the defendant left their service for at least four days from September 15, 2015 to September 18, 2015, the first day from September 21, 2015, the first day from October 22, 2015, the first day from October 26, 2015, the first day from October 26, 2015, and the second day from November 2, 2015, and the second day from November 2, 2015, were absent from their service without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a list of service records in supplemental service, a written investigation of escape from service, a statement of absence from service, records of violation of duty of service, records of daily service, and records of supplemental service;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution is a case where the Defendant, while serving as a social service personnel, does not work for eight days without justifiable grounds, leaving his work without permission. In light of equity with other sincere persons serving in the military service, it is necessary to strictly punish the Defendant.

However, the sentencing conditions stated in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., are considered in consideration of the fact that the defendant was the first offender, the fact that it was caused to the crime of this case, the fact that the defendant was against the mistake, the fact that he will faithfully serve in the future, and other conditions of sentencing as stated in the arguments of this case, such as the situation after the crime, etc.

arrow