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(영문) 대구지방법원 영덕지원 2014.01.22 2013고단229
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a public interest service personnel called up as public interest service personnel on June 29, 2013 and serving in Yeongdeungpo-gun B.

A public duty personnel member shall not leave his service for at least eight days in total during his service period without justifiable grounds, but the defendant shall, without justifiable grounds, leave his service in Young-gun B which was in service for at least eight days from July 15, 2013 to the 24th day of the same month.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes to the written accusation;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following conditions of sentencing) is as follows: (a) the Defendant, without any justifiable reason, went away from the sentence for at least eight days without permission; and (b) the Defendant’s liability is not less than that of the thief during the period of the thiefing.

On the other hand, the defendant seems to be a first offender and have returned back again and served faithfully.

Such various circumstances and other conditions of sentencing, including the defendant's age, character and conduct, and circumstances after the crime, shall be determined as per Disposition.

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