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(영문) 창원지방법원 통영지원 2019.03.19 2019고단53
병역법위반
Text

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

Reasons

Punishment of the crime

On June 16, 2016, the Defendant was sentenced to a suspended sentence of ten months for the violation of the Military Service Act at the Changwon District Court’s branch branch office, and was sentenced to a suspended sentence of two years on July 6, 2018.

On July 20, 2015, the Defendant was called to social work personnel service around July 20, 2015, and began to serve at the C Welfare Center located in B from October 8, 2018.

A social work personnel member shall not leave his service for at least eight days without good cause, but the defendant was absent from his service for at least 23 days from October 15, 2018 to November 14, 2018 without justifiable cause.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notice of service and receipt of the remaining service period, records of management of the suspended person, and daily service status register;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., investigation reports (report on the past records, attachment of the judgment, and the period of suspension of execution);

1. The grounds for sentencing under Article 89-2 subparagraph 1 of the Act on the Punishment of Criminal Crimes, on the grounds that the defendant committed the crime of this case again during the suspension period of execution for the same kind of crime, and thus, the sentence shall be imposed. However, the defendant's age, character and behavior, environment, motive, means and result of the crime, and all of the sentencing conditions as shown in the arguments, such as the defendant's age, character and behavior, environment, motive, means and result

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