logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.05.17 2017고단2293
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 20, 201, the Defendant was sentenced to imprisonment with prison labor for at least eight months or two years of suspension of execution, for larceny of intrusion on a structure at night, in an assistance in Ansan-do, which was rendered by the Suwon-do court on October 20, 201, and on April 17, 2013, the said court was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), and the said judgment becomes final and conclusive on April 25, 2013, and the said sentence of suspension of execution becomes void. On July 19, 2013, the said court was sentenced to six months of imprisonment with prison labor for a violation of the Military Service Act, and completed the execution of said punishment at a ignsung vocational training institution on July

The Defendant, from January 7, 2002 to July 8, 2015, was serving as a social service personnel belonging to the Jung-gu Incheon Metropolitan City Office C in the duty of environmental protection and surveillance support, etc., and was absent from his service for at least eight days in total without justifiable grounds since he did not attend the office of Jung-gu Incheon Metropolitan City from May 23, 2015 to July 23, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a statement concerning the escape from service;

1. Previous records: Each investigation report (verification of the date of release, confirmation of repeated crimes, records of the same kind, etc.), each judgment and application of Acts and subordinate statutes to the status of confinement of each individual;

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

1. It is necessary to strictly punish the defendant's act of leaving military service without fulfilling his duty to perform military service as a citizen of the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.

The defendant has been punished several times for the same crime, and re-offendered even during the period of repeated crime due to the same crime.

Accordingly, the defendant is sentenced to punishment.

However, in light of the fact that the defendant's mistake is recognized, that the defendant has faithfully fulfilled his duty of military service, and that he has deserted his service due to the defendant's age, sex, environment, living conditions, etc., it is decided as above in light of all the sentencing conditions such as the circumstances before and after the crime.

arrow