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(영문) 인천지방법원 2016.07.14 2015고단5558
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

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

The Defendant, as a social service personnel, was assigned to serve as C at the Incheon Southern-dong Office located in Incheon, and was absent from the service without justifiable grounds for at least eight days from December 30, 2014 to December 31, 201, January 2, 2015, and January 5, 2015 to September of the same month.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to investigation records, service records, daily service records, investigation reports (report on telephone communications of suspects, and report on telephone communications of staff of the Incheon Military Affairs Branch Office for Military Affairs).

1. The reason for sentencing under Article 89-2 subparag. 1 of the pertinent Act on criminal facts lies in criminal records, such as imprisonment with prison labor for six months in 2001 and nonperformance of the duty to move-in report for a period of up to 300,000 won in 201.

On June 16, 2014, it was placed in the Nam-gu Incheon Dong Office, Incheon, and the reason such as leave and suspension of service for the purpose of livelihood ceases to exist (six months), but it did not work without permission after December 30, 2014.

After all, the defendant cannot work as a social service worker other than the period of admission to a training center.

In this context, considering all the circumstances that form the conditions for sentencing as shown in the record, the sentence is determined as per the order.

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