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(영문) 서울북부지방법원 2016.03.17 2015고단4684
병역법위반
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was called as a social service personnel on April 9, 2015 and served in the field B of Dobong-gu Seoul Office from May 13, 2015 to around the date.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, while serving as a social service personnel, was absent from his service for 11 days in total due to the Defendant’s failure to work in the Dobong-gu office without justifiable grounds from November 2, 2015 to November 4, 201 of the same year (3 days), from November 9 to November 13 of the same year (5 days), and from November 16 to 18 of the same year (3 days).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A certificate of investigation escape from C's service;

1. Application of the statutes governing the written accusation by the Dobong-gu Seoul Office;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of recommended sentences on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made like the order, taking into consideration the overall circumstances shown in the arguments of this case, such as the defendant's age, family relationship, and inclination, that the defendant has a depth of and reflects his criminal conduct, faithfully served, that the defendant has no record of criminal punishment, that the defendant has no record of criminal punishment, and that the defendant has committed the crime;

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