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(영문) 서울중앙지방법원 2016.12.07 2016고단4147
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was serving as a social work personnel at the Seoul University B Library from October 2014.

A social work personnel member shall not leave his office or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the defendant committed on December 24, 2015, on the 28th of the same month, on the 29th of the same month, on the 30th of the same month, on the 31st of the same month (the 5th of the same month) and on the 23th of May 2016.

6. Until March (10 days) the Seoul National University B Library did not work for at least 8 days without good cause, leaving his office.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding report on a deviation from service and a statement about a escape from service;

1. The application of Acts and subordinate statutes to file a criminal charge against a person who has retired from social work service or additionally submit additional materials;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. According to the reasons for sentencing under Article 62(1) of the Criminal Act, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, character and conduct, family relation, family relation, home environment, motive and means of the crime, and circumstances after the crime, are determined as follows.

D. Unfavorable circumstances: The circumstances in which the Defendant had been punished for the suspension of the execution of imprisonment twice for the same crime as the instant crime: The Defendant recognized the instant crime and reflects the Defendant; the Defendant is the most likely to support his mother and her son; the Defendant appears to have been prevented from committing the instant crime due to his living conditions; and the Defendant is performing his duty in good faith during the remaining service period.

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