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(영문) 전주지방법원 2013.11.21 2013고단2213
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On May 3, 2011, the Defendant was sentenced to a suspended sentence of two years and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Jeonju District Court on May 3, 201, and is currently under suspended sentence after the said judgment became final and conclusive on July 13, 201.

The defendant is a public duty personnel who has served in the D Office located in the Jeonbuk-gun C.

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

Nevertheless, the Defendant left service without justifiable grounds from July 9, 2013 to July 22, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to listen to a telephone statement in the main military office);

1. A written accusation, a written accusation against a person who has resigned from service as a public duty personnel, a written investigation of his/her escape from service, and a written investigation;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (the resignations currently under probation period as of the suspect), and the application of each of the statutes governing judgment;

1. The reason for sentencing under Article 89-2 subparag. 1 of the Act on the Punishment of Criminal Crimes is acknowledged, including the fact that the defendant, who led to the confession of the crime of this case and reflects the mistake, and due to the home environment where the defendant is difficult, both public service and part-time work, and led to the crime of this case.

However, the defendant cannot be sentenced to suspended sentence because he committed the crime of this case during the period of suspended sentence, and the above Military Service Act does not stipulate a fine, so it is inevitable to punish the defendant.

In addition, the sentencing conditions specified in the argument of this case, such as the age, character, conduct and environment of the defendant, shall be determined as per the disposition, taking into consideration all the circumstances.

It is so decided as per Disposition for the above reasons.

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