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(영문) 서울서부지방법원 2015.08.12 2015고단1404
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Social work personnel (public duty personnel) shall not break away from their service or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, while serving as a social work personnel member in the Bupyeong-gu Seoul Metropolitan Government Office C, was absent from office for 2 days from August 13, 2014 to the 14th day of the same month, for 5 days from August 18, 2014 to the 22th day of the same month, for 5 days from August 25, 2014, and for 5 days from August 25, 2014 to the 29th day of the same month without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes to the Ministry of Home Affairs, such as a written accusation, a statement of escape from service, a fact-finding report of escape from service, a statement of personal history and management records,

1. The defendant, on February 1, 2012, for reasons of sentencing under Article 89-2 subparagraph 1 of the relevant Article on criminal facts, was sentenced to a suspended sentence of two years for a violation of the Military Service Act at the Seoul Western District Court on February 1, 2012, and on February 12, 2014, the Seoul Western District Court sentenced a suspended sentence of two years for a violation of the Military Service Act at the Seoul Western District Court on February 12, 2014, and was sentenced to a suspended sentence of two years for a violation of the same Act on February 20, 2014, and was still under the suspended sentence, it is inevitable to sentence the defendant to a suspended sentence

However, the fact that the defendant is recognized as committing the crime of this case and is against the nature of the defendant shall be considered as favorable circumstances. On the other hand, when the judgment of this case becomes final and conclusive, one year and six months have to be reinstated at the same time after the suspension of execution sentenced on February 12, 2014, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, and environment, shall be determined

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