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(영문) 수원지방법원 여주지원 2017.09.29 2017고단924
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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, as a social service personnel, was designated on September 23, 2016 as a member of the Korea Railroad Corporation's Deputy Headquarters C located in Leecheon-si, but was suspended from service from October 5, 2016 to March 31, 2017 due to difficulties in livelihood.

Social service personnel, or art and sports personnel, who have left their service or have not served in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, from April 3, 2017 to the 7th of the same month, left from the Defendant’s workplace for at least eight days in total from April 10 to the 12th of the same month without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. The reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution is as follows: (a) considering the overall sentencing conditions under Article 51 of the Criminal Act, such as the defendant’s age, sexual conduct, environment, motive for crime, etc., the defendant committed a crime.

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