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(영문) 인천지방법원 2018.12.12 2018고단7343
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 27, 2017, the Defendant served as social service personnel C in Incheon Dong-gu, Dong-gu.

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

Nevertheless, the defendant shall serve in C, and the defendant shall not work for at least 42 days in total without justifiable grounds, including August 23, 2017; March 21, 2018; April 24, 2018; June 28, 2018; July 28, 2018; July 27, 2018; and July 31, 2018; August 1, 2018; and August 1, 2018; and from August 23, 2018 to August 23, 2018, the defendant shall not work for at least 8 days in total.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Although the number of days of the defendant's deviation from his service is equivalent to the reasons for sentencing under Article 62 (1) of the Criminal Act, the defendant is the first offender and has to serve in good faith in the future.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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