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(영문) 의정부지방법원 2017.06.02 2017고단1289
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a social service worker who has worked in the “C” in Guri-si B.

Social service personnel shall not leave their post or not serve in the field concerned for a total period of eight days or more without justifiable grounds.

Nevertheless, the Defendant, from January 31, 2017 to February 24, 2017, was absent from his/her uniform for at least eight (8) days in total due to the Defendant’s failure to work at the workplace without justifiable grounds for a total of 19 (19) days.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to research documents, case reports, and copies of written confirmation of service of social service personnel;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution of the sentence is a need for strict punishment of the Defendant in light of the following: (a) the Defendant, while working as a social service personnel, has not worked for 19 days without justifiable grounds; (b) has to consider equity with other sincere and sincere persons of military service; and (c) the Defendant has already been punished for the same kind of crime.

However, in light of the fact that the defendant led to the crime of this case, the fact that he will faithfully serve in the future, the defendant's age, sexual conduct and environment, the motive, means and consequence of the crime of this case, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.

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