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(영문) 청주지방법원 2019.08.13 2018고단2066
병역법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On April 5, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Military Service Act at the Cheongju District Court on April 5, 2016, and was released on November 30, 2016 and passed on December 16, 2016 during the execution of the sentence.

【Criminal Facts】 The Defendant is a social work personnel working in the C Station located in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu.

Social work personnel shall not leave their office or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, from April 30, 2018 to May 4, 2018, and from May 8, 2018 to May 10, 2018, was absent from service due to the Defendant’s failure to work for eight days in total without justifiable grounds.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A copy of the daily service situation book and a copy of the statement of escape from each service;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of records), and application of Acts and subordinate statutes on the status of confinement of each individual;

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

1. A repeated crime committed an offense with the same history as the sentencing of Article 35 of the Criminal Act, even though having been sentenced to a suspended sentence of imprisonment and a sentence, constitutes a repeated crime.

Since it is doubtful whether there is any intention or intention to faithfully perform his duties, it is doubtful that the sentence like the order is sentenced to the responsibility.

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