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(영문) 수원지방법원 2018.10.12 2018고단4153
병역법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was called as a social service personnel on August 10, 2017 and has been called up for the same year.

9. 8. On November 15, 2017, through June 27, 2018, the Defendant was subject to a disposition of eight times’s warning due to failure to perform assigned duties, such as failing to attend work or to attend work after the start of work without justifiable grounds, as stated in the crime list, at the above community service center.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A daily service status register;

1. A written accusation;

1. Application of the Acts and subordinate statutes, such as a warning and a statement of violation of service;

1. Article 89-3 subparagraph 2 of the Act and Article 33 (2) 5 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of statutory penalty] The sentence shall be determined as ordered by taking into account the following circumstances, the Defendant’s age, sex, environment, motive for and circumstances after committing a crime, etc.:

D. Unfavorable circumstances: The circumstances that are advantageous to the repeated sense or absence due to the reasons such as the preceding day: The fact that the defendant lives faithfully without any particular criminal history, except for punishment of fines once a crime is punished; the fact that the public official working for the community service center where the defendant worked in normal work, and the fact that the defendant wants to work in good faith, on the ground that he/she works in good faith.

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