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(영문) 대구지방법원 안동지원 2018.06.15 2018고단46
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 is currently serving as social service personnel in the Daegu District Court's branch of the Dong-dong branch court with 105 permanent residents from August 8, 2016, as social service personnel.

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

Nevertheless, the Defendant, from December 19, 2016 to October 23, 2017, did not work without justifiable grounds during a total of eight days as shown in the list of crimes in the attached Table, and went away from service for at least eight days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the accusation book, a statement on the reason of secession from each service, and a fact-finding report on secession from service

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

1. The crime of this case on the grounds of sentencing of Article 62(1) of the Criminal Act on the suspension of execution is a crime that undermines the effectiveness of military service duty and the discipline of service of social service personnel, etc. and is not good.

There is no special circumstance that can be considered when the defendant did not work.

However, the defendant is recognizing and opposing his mistake.

There is no particular criminal record except for those whose indictment has been suspended for a crime of this paper.

In addition to these circumstances, the defendant's age, sex, environment, motive and background of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

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