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(영문) 서울동부지방법원 2018.06.22 2017고단4055
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Social service personnel shall not leave their post, or shall not serve in the field concerned for at least eight days in total without justifiable grounds.

Nevertheless, from July 12, 2017, the Defendant, as social service personnel supporting disabled students in D elementary schools located in Gwangjin-gu Seoul Special Metropolitan City, left office on August 30, 2017 without justifiable grounds, and went away from office for nine days in total, as shown in the list of crimes in attached Form C.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation or an additional written accusation;

1. Investigation report (No. 30 times a year);

1. Application of Acts and subordinate statutes to the departments of daily service status, a written investigation of the fact of secession from each service, and a written investigation of secession from each service;

1. The grounds for sentencing under Article 89-2 subparag. 1 of the pertinent Act on criminal facts of this case recognize the criminal facts of this case; the defendant, despite the fact that he/she had been sentenced to a suspended sentence of imprisonment for the same kind of crime, leaving his/her service again during the suspended sentence period is not good; in light of the seriousness of military service duty, the issue is not easy in light of the defendant's age, sexual behavior, environment, motive, means, means and consequence of the crime; and the various sentencing factors specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

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