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(영문) 전주지방법원 2015.10.27 2015고단825
병역법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who serves as a social work personnel in the Yansan-gu Office B located in 232, Jeonju-si, Jeonju-si.

Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.

그럼에도 불구하고 피고인은 위 완산구청에서 힘들고 궂은일을 자신에게만 시키고, 당시 폭행사건으로 경찰서에서 조사를 받고 있다는 이유로 2015. 2. 23.부터 2015. 3. 2.까지 및 2015. 3. 16.부터 2015. 3. 17.까지 통틀어 8일의 근무기간 동안 정당한 사유 없이 복무를 이탈하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Accusation against a person who has resigned from social work personnel service;

1. Application of Acts and subordinate statutes to a written investigation of secession from service;

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

1. Although the reasons for sentencing (not subject to sentencing guidelines) under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing following the sentencing) are minor in light of the importance of military service duty (not subject to sentencing guidelines), a sentence is determined as ordered by taking account of various sentencing conditions under Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime in this case, and the fact that the Defendant is a primary offender and is in depth divided with the recognition of the crime in this case.

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