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(영문) 울산지방법원 2013.12.05 2013고단538
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Military Service Act at the Ulsan District Court, and two years of suspended execution, and was sentenced to six months of imprisonment with prison labor for a violation of the Military Service Act at the Ulsan District Court on June 3, 2011, which became final and conclusive on June 21, 201, and the suspended execution became void and completed on May 3, 2012.

The Defendant is a public duty personnel who served in the Yangsan General Service Division, and was absent from his service due to his duty for eight days in total, excluding public holidays, for eight days in total.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation for the preparation of the mass industry market;

1. A written investigation of escape from service;

1. Previous records: Application of inquiries, such as criminal records, etc., and of Acts and subordinate statutes concerning personal identification and confinement status;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing Article 57 of the Criminal Act, including cases of detention pending trial, is that the defendant is subject to the same repeated offense and that only imprisonment is possible by law, and sentence is inevitable;

A punishment shall be determined as stated in the order, comprehensively taking into account the following: (a) the Defendant had been sentenced to a punishment of approximately one year, but the Defendant again committed the instant crime; (b) the Defendant asserted that he had been forced to leave from work without permission, and (c) the absence of work due to an out-of-work illness; and (d) the fact that there were many persons absent from work due to an outside of work.

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