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(영문) 창원지방법원 통영지원 2012.12.26 2012고단1070
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is currently serving C after being called as public interest service personnel on August 11, 2008.

The Defendant, while serving as a public duty personnel, retired from his service without justifiable grounds during the period from July 3, 2012 to July 9, 2012, from July 13, 2012; from September 25, 2012 to September 28, 2012; and from October 5, 2012 to October 12, 2012; and

Accordingly, the defendant, as a public interest service personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the public duty personnel accusation, accusation, report on the escape from service, report on fact-finding of the escape from service, additional materials pertaining to accusation against the public duty personnel who escape from service, observation of public duty personnel, interview records, service management portal, and current status of neglect;

1. Taking into account the fact that the Defendant’s reasons for sentencing under Article 89-2 subparag. 1 of the Military Service Act regarding criminal facts led to the instant crime due to economic circumstances and assumptive circumstances.

In addition, even if the defendant was sentenced to a suspended sentence for six months due to the violation of the Military Service Act and was currently under the suspended sentence for the violation of the Military Service Act, it is inevitable to sentence sentence for the crime of this case.

However, as seen earlier, the sentencing factors in favor of the defendant, such as the fact that the defendant is deemed to have committed the crime of this case for the purpose of maintaining his livelihood and that his mistake is divided in depth, shall be determined like the order.

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