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(영문) 광주지방법원 2017.10.12 2017고단3380
병역법위반
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

The Defendant was called as a social service personnel on February 2, 2015 and served for the same day in the section B of the former Mine Office located in 15, 29, a 29-day mine in Gwangju Mine on the same day, and served for the safety management of the same Gu office from May 1, 2017.

The Defendant did not work for 16 days in total, including May 19, 2015 to October 20, 2015; October 27, 2015; May 25, 2016; May 27, 2016; May 27, 2016; June 12, 2017 to June 16; June 19, 2017 to June 23, 2017; and June 26, 2017 to the above old mine office, where the Defendant was working for 16 days in total.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written investigation of deserting from service;

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

1. The sentence shall be determined as ordered, taking into consideration the following circumstances: (a) confession and reflect the reason for sentencing under Article 62(1) of the Criminal Act; (b) absence of any criminal record for the same kind of offense; (c) conduct in good faith in the future; and (d) the Defendant’s age, sex, sex, environment, family relationship; (d) motive and consequence of the offense; and (e) circumstances constituting the conditions for sentencing as shown in the pleadings of this case.

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