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(영문) 서울북부지방법원 2013.08.30 2013고단1518
병역법위반
Text

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

Reasons

Punishment of the crime

On December 28, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court on December 28, 201 and completed the execution of the sentence in the Daejeon Prison on June 17, 2012.

No public duty personnel shall desert from their service for at least eight days in total without justifiable grounds.

The defendant is a public duty personnel member who worked in Seoul Special Metropolitan City, Nowon-gu, from April 11, 2013 to the 12th day of the same month, from April 15 to the 16th day of the same month, from the 22th day of the same month to the 24th day of the same month.

5. From the 23th to the 24th of the same month, absence from work without permission from the 27th of the same month to the 31st of the same month, and leave work for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Before judgment: References to criminal records, references to criminal records, reports on the results of confirmation before and after dispositions, and application of Acts and subordinate statutes concerning personal identification and confinement status;

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

1. The crime of this case for sentencing under Article 35 of the Criminal Act among repeated offenders is prescribed by statutory punishment. In the case of Defendant, it is inevitable to sentence sentence by committing the crime of this case during the period of repeated crime.

However, in consideration of the fact that the defendant's mistake is divided, and in the future, he can faithfully fulfill the duty of military service of public interest service personnel, and there is no record of punishment for the same kind of crime, the punishment as the order shall be determined.

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