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(영문) 인천지방법원 2013. 11. 14. 선고 2013고단6750 판결
[병역법위반][미간행]
Escopics

Defendant

Prosecutor

Kim Jong-Un (Public Prosecution) and Yellow Ship (Public Trial)

Defense Counsel

Attorney Worn-sik (National Assembly)

Text

A defendant shall be punished by imprisonment for six months.

Criminal facts

【Criminal Power】

On July 5, 2013, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Western District Court for violating the Military Service Act and two years of suspended execution on July 13, 2013, and the said judgment became final and conclusive and is still under suspended execution

【Criminal Facts】

Defendant is a public duty member of ○○ High School belonging to the Incheon Metropolitan Office of Education.

The Defendant, from July 19, 2013 to July 24, 2013 (excluding Saturdays and Sundays), from July 29, 2013 to July 30, 2013, from August 1, 2013 to February 2, 2013, from August 1, 2013 to August 2, 2013, from August 7, 2013 to August 12, 2013, from the Defendant’s service for a total of 13 days, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written investigation of a breach of service and a daily service status register;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and investigation reports (a copy of the judgment attached);

Application of Statutes

1. Article applicable to criminal facts;

Subparagraph 1 of Article 89-2 of the Military Service Act

Reasons for sentencing

When the defendant is under probation and has committed the crime of this case at least 14 days after he was sentenced to a suspended sentence, the crime of this case has been committed in addition to 14 days after being sentenced to the judgment, and the sentence of imprisonment is prescribed by the statutory penalty, and it is inevitable to sentence the defendant to imprisonment with prison labor. The above circumstances of the defendant, the confession of the crime and the mistake of the defendant, the confession of the crime, the fact that the defendant seems to be divided, the defendant's continuous service is being performed, the defendant has no record of criminal punishment, and other favorable circumstances, such as circumstances after the crime, the motive and circumstance leading to the crime of this case, the age of the defendant, character and conduct, and family environment, etc., shall be determined by taking into consideration

Judges Kim Jong-tae

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