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(영문) 인천지방법원 부천지원 2017.11.02 2017고단2234
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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

Nevertheless, the Defendant, as a social service personnel, was absent from his service on September 27, 2016, on the ground that the C welfare facility located in Kimpo-si B from around September 27, 2016 to August 24, 2017 does not work for a total of eight days without justifiable grounds on the ground that he was sleep at the latest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation report, accusation report, copy of the list of service records in supplemental service, daily service status and investigation report on the escape from service;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act takes into account the fact that a defendant is absent from social service for 8 days due to absence of social service for the reason that he/she is late provoking and depression, etc. Meanwhile, the defendant's performance of social service in the future is against his/her mistake and faithfully in the future, the defendant has no record of crime other than once before and after his/her fine is imposed, and all other circumstances such as the defendant's age, sex behavior, family relationship, and circumstances after his/her crime shall be determined as ordered by the disposition.

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