logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.08.09 2017고단1498
병역법위반
Text

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

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

Reasons

Punishment of the crime

From May 28, 2015, the Defendant is a social service worker who works for C middle school in Seongbuk-gu, Sungnam-si.

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

Nevertheless, the Defendant did not work at the above middle school for the total eight days from April 21, 2016 to April 22, 2016, two days from April 25, 2016 to April 26, 2016, three days from July 18, 2016 to July 20, 2016, and eight days from May 25, 2017, without justifiable grounds.

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. Application of the Acts and subordinate statutes of Part III of the written accusation, a written report on the escape from each service, a written investigation of the escape from each service, and a daily service status;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination of sentence - 6 months of imprisonment, 2 years of suspended execution, the fact that the defendant is the first offender, and that he will serve in good faith in the future, and the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., shall be determined by comprehensively taking into account the various sentencing conditions of Article 51 of the Criminal Act as shown in the records and arguments of the case and the execution thereof shall be suspended.

arrow