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(영문) 인천지방법원 2019.03.20 2019고단231
병역법위반
Text

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

except that 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 a person who served as a social work personnel at the Nam-gu Incheon Metropolitan Government Community Service Center.

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

Nevertheless, the Defendant served at the above B community service center, from April 16, 2018 to August 18, 2018, and was absent from service for at least eight days in total due to the Defendant’s absence of justifiable grounds, including the three day from April 16, 2018 to the 20th day of the same month, the 24th day of the same month, the 26th day of the same month, the 30th day of the same month, and November 13, 2018

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the accusation book, a statement of escape from service, a fact-finding report of escape from service, an investigation report (delivery, such as the daily service situation register), and the daily service situation register;

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

1. In light of the circumstances and contents of the instant crime committed, etc., in which the Defendant, who is obliged to perform the duty of military service on the grounds of sentencing under Article 62(1) of the Criminal Act, has to be discharged without permission, the criminal liability of the Defendant is not less and less. On the other hand, the primary offender is the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the instant crime, circumstances after the instant crime was committed, etc., and the sentence as ordered shall be determined by taking into account the following factors:

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