logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.07.08 2019고단1925
병역법위반
Text

A defendant shall be punished by imprisonment for four 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

A social work personnel member shall not receive warning disposition at least eight times in total due to his/her attendance after daily start hours, early retirement from work place without permission, or leaving work place without justifiable grounds.

The defendant is a person who is serving as a social work personnel member in Busan Young-gu B.

Nevertheless, from August 1, 2018 to March 25, 2019, the Defendant goes to work in the above C, from around 1, 2018 to around 25, 12 times in total, after the start of work without justifiable grounds, and on September 10, 2018, 10.2, 12, 12, 28, 26, 26, 26, 201.

3. 11., 21., 21., 3. The same year;

4.1. In total eight times, the head of Yeongdeungpo-do shall be warneded by the head of the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written investigation of service conditions;

1. A report on the violation of the duty of service;

1. A report on the status of service, etc.;

1. Application of the Acts and subordinate statutes of a warning;

1. Subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act concerning facts constituting an offense;

2. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment for not less than one month but not more than one year;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for violations of the Military Service Act;

3. The Military Service Act shall be punished only by imprisonment with prison labor for a violation of the duty of social work personnel.

This is considered to take into account the importance of performing the duty of military service granted to Korean citizens, and the nature of the crime of this case committed by the defendant while serving as social work personnel is absolutely weak.

However, the Defendant led to confession and reflect on the crime of this case.

Since this case, it is faithfully performing duties.

Defendant is an initial offender who has no criminal record.

In addition, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and result of the crime, the circumstances before and after the crime, and all the sentencing conditions shown in the arguments in this case shall be considered as the order.

arrow