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(영문) 부산지방법원 동부지원 2016.05.25 2016고단289
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was called as a social service personnel and served as a person in charge of disaster and safety management support at the second operating business place of the Busan Urban Transit Authority in the Busan Urban Transit Authority.

Although social service personnel do not leave their service for at least eight days in total without justifiable grounds, the Defendant did not work at the place of business of the Busan Metropolitan Transport Corporation 2 for 14 days in total from August 28, 2014 to August 29, 2014; from September 1, 2014 to September 4, 2014; from December 16, 2014 to December 19, 2014; and from December 22, 2014 to December 26, 2014 to December 26, 2014.

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 the Acts and subordinate statutes governing the daily service status, such as a written investigation of secession from service, a written statement of secession from service, personal records, and written statement;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the favorable circumstances in which the sentencing is significant) is not shorter than the period during which the defendant deserts from his service.

However, the defendant's acknowledgement of facts charged is seriously against the defendant, and the defendant will faithfully serve in the future.

It is favorable for the defendant to leave his service due to the difficult family environment, the fact that the defendant is the first offender who has no record of criminal punishment.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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