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(영문) 대전지방법원 서산지원 2019.10.23 2019고단612
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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 social work personnel serving in the Seo-gu District Prosecutors' Office in Daejeon District Prosecutors' Office located in Seosan-si 4-23, Seosan-si, from April 20, 2018.

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

Nevertheless, the Defendant left office without justifiable grounds for a total of 10 days from February 15, 2019, from February 18, 2019 to February 22, 2019, from March 19, 2019, and from March 22, 2019 to April 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written statement;

1. Report on changes in status, report on unauthorized absence from office, report on changes in status, report on changes in status from service, report on changes in supplemental service, records of supplemental service, and application

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The duty of military service is an important duty imposed on the citizens of the Republic of Korea, and the Military Service Act requires that the act of evading military service be punished only by imprisonment.

The crime of this case, which deserts from service as a social work personnel, is not less severe than the nature of the crime, and in view of the equity with other people who faithfully perform the duty of military service, it is not possible to punish a rice.

The favorable circumstances shows the attitude of the defendant to recognize and reflect the wrongness.

The period of secession from service is relatively short.

There is no criminal record exceeding a fine.

Other circumstances, such as the age, character and conduct, environment, growth process, family relationship, circumstances after the crime, etc. of the defendant, shall be determined as per the order.

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