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(영문) 서울중앙지방법원 2018.08.17 2018고단3226
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is called as social service personnel and is assigned to the C community service center located in Gwanak-gu in Seoul Special Metropolitan City and provides administrative assistance services.

The Defendant did not work for personal reasons, such as: (a) on February 22, 2017; (b) on April 18, 2017; (c) on May 8, 2017; (d) on May 12, 2017; (e) on March 12, 2017, from March 12, 2018 to March 16, 2018; and (e) on March 20, 2018 to April 2, 2018, on a total of 19 days at the C community service center.

Accordingly, the defendant left his service for a total period of not less than eight days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes governing daily service status to the accusation book, a fact-finding report on the escape from each service, a statement on the escape from each service;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution has no record of any particular criminal punishment other than a fine imposed on the defendant for a violation of traffic laws (unlicensed driving) on the road, and the defendant's duty to work faithfully during the remaining service period after recognizing the instant crime, and the defendant's age, sex, environment, motive, means and consequence of the instant crime, and the conditions of all the sentencing as shown in the argument of the case, including the circumstances after the crime, shall be determined by comprehensively taking into account the following factors.

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