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(영문) 수원지방법원 2016.10.27 2016고단1530
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from January 5, 2016 to January 8, 2016, from Suwon-si Office, was absent from work without permission for at least eight days in total for eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Request for accusation against a violator of the Military Service Act;

1. A written statement prepared in C;

1. A report on the status of service;

1. Application of Acts and subordinate statutes to each obligation of service;

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

1. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, deserts his service for eight days as a social work personnel when performing his duty of military service. Considering the circumstances leading up to the escape of a crime, details of a crime, etc., such crime is deemed inferior.

However, in light of the fact that the defendant is erroneous, and is against the duty of military service, and the duty of military service is faithfully performed as a social work personnel, the fact that there is no record of punishment for the same kind of crime prior to the instant case, and other overall sentencing conditions as shown in the records and arguments, such as the defendant's age, character and conduct, are comprehensively considered, the sentence shall

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