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(영문) 창원지방법원 진주지원 2014.01.08 2013고단1253
병역법위반
Text

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

Reasons

Punishment of the crime

[criminal power] On January 11, 2012, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Military Service Act at the Jinwon District Court's Jinju branch on the part of the Defendant, resulting in the termination of the enforcement of the sentence on July 10, 2012, and three times of the same force.

【Criminal Facts】

From September 2012, the Defendant was absent from office for at least eight days in total due to absence from office from office on November 12, 2012 to December 16, 2012 without justifiable grounds while serving as a public interest service personnel in the Sports Promotion Department for the Party of Jinju-si from around September 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A report on the reason for a secession from service and a report on the fact of a secession from service;

1. Criminal records, results of the search of prisoners, and the application of Acts and subordinate statutes on investigation reports (Attachment of same kind of power in violation of the Military Service

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Article 35 of the Criminal Act provides that the defendant has the same record of sentencing three times (one time of suspended sentence, two times of suspended sentence), and has deserted his/her long-term service during the period of repeated crime. Since the nature of the crime is serious, a sentence equivalent to the punishment shall be imposed, but the defendant shall be sentenced in consideration of the circumstances, such as the fact that he/she has expressed his/her intention of re-service in the course of pening errors, etc.

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