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(영문) 부산지방법원 서부지원 2017.07.17 2017고단443
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

The defendant is a social service worker who works in the Busan Urban Transportation Corporation C's operating place in Busan Urban Transportation Corporation.

Social service personnel shall not leave their post or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, on August 10, 2015, August 17, 2015, August 2015, 2015, August 20, 2015, August 24, 2015, August 24, 2015, December 2, 2015, 2015, May 27, 2016, and January 2, 2017; and on March 26, 2017, the Defendant absent from office for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a part of daily service status, a written investigation into the renunciation of service, the details of violation of a duty of return-free;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances required for the reasons for sentencing as set forth below) indicates the Defendant’s intention to faithfully perform his/her duties, recognizing his/her fault late and later, and there is no record of criminal punishment as well as punishment being imposed once before committing the instant crime.

In light of the favorable circumstances in this point, the reasons for all the sentencing indicated in the arguments and records of this case shall be comprehensively considered, and the punishment shall be determined as per the order.

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