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(영문) 인천지방법원 2016.04.28 2016고단1052
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 29, 2011, the Defendant was called as public interest service personnel on April 29, 201, and was serving in the building department in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City.

The Defendant left office for three days from September 28, 201 to the 30th day of the same month, for four days from October 4, 201 to the 7th day of the same month, for five days from October 10 to the 14th day of the same month, for five days from October 10, 201 to the 14th day of the same month, for five days from October 17, 201 to the 21st day of the same month, and for five days from October 17, 2011 to the 21st day of the same month without justifiable grounds for absence from office for eight days or more

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and an explanatory note;

1. A written investigation of the renunciation of service;

1. Application of Acts and subordinate statutes governing daily service conditions;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is to recognize and reflect a criminal offense, the fact that there are no criminal records of the same kind and fulfill the duty of military service in good faith, and the defendant's age, sex, environment, etc. as shown in the records and arguments of this case shall be determined as ordered by the order, taking into account the various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing.

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