logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.06.16 2015고단1559
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, an incorporated association, has served in the Dong branch of the Korean Parents Association of Disabled Persons C, and shall not leave his service or serve in the field concerned for a total period of not less than eight days without justifiable grounds.

Nevertheless, the defendant from August 1, 2013 to the same year.

8. By the 13th day of the 9th day bill of indictment, the indictment is written as “12th day” but it is apparent that it is a clerical error, so it was corrected ex officio without changing the indictment.

The duty was absent due to the absence of attendance at the above protective work site without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Accusations against those who violate the Military Service Act and accusations;

1. The application of Acts and subordinate statutes to the submission of fact-finding reports on secession from service and investigation documents;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure [The defendant and his defense counsel asserts that the defendant's act without permission constitutes "justifiable cause" under the former Military Service Act, since the defendant's act without permission is due to a mental disease, such as serious depression, and rady evasion, which cannot be attributable to

On November 15, 2010, the Defendant was removed from a high school on the ground that the Defendant was absent without permission in 2009; the Defendant was diagnosed as “Sule Eule Eule Eule Eule Eulde who was suffering from a mental and medical treatment around that time; and the Defendant’s East D was determined as unfit for active duty service and was dismissed.

However, according to the result of the examination conducted by the doctor E of the Godong Sung-dong Mental Hospital, the status of the defendant at the time of his escape from the service of this case in 2013 cannot be deemed as having reached the extent that the mental health of the defendant at the time of his escape from the service of this case cannot be determined as having reached the degree that he could not continue his service as a public duty personnel.

The above arguments shall not be accepted.

arrow