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(영문) 대구지방법원 2018.07.12 2017고단7072
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March 27, 2000, the Defendant served as an assistant to postal services in C, and his service was suspended due to his renunciation from his service, but his service was suspended on August 16, 2007.

On October 26, 2017, the Defendant received a notice of service to the effect that he/she should serve again at the home of the Defendant located in Daegu Northern-gu, Daegu-gu, and from November 1, 2017 to April 12, 2019, and that he/she should serve again, and accordingly, the Defendant left his/her service for at least eight days in total for at least eight days from November 1, 2017 to April 3, 2017 to the Military Manpower Administration of Daegu-gu, Seoul-do, upon filing a report on re-service on November 1, 2017, and at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes governing accusation against persons who desert from the service of social service personnel, accusation, notification of re-service of social service personnel and guidance, service notice of remaining service period, early re-service notice of social service personnel, and delivery certificate of mail;

1. The reason for sentencing under Article 89-2 subparag. 1 of the pertinent Act on criminal facts has been committed by the defendant who has been sentenced two times or more due to the violation of the Military Service Act, and even though he/she has been sentenced to a suspended sentence of imprisonment, he/she shall not be subject to strict punishment.

However, the defendant's age, sex, environment, the circumstances leading to the crime, etc. shall be determined as the same as the order by examining the following factors: Provided, That the defendant's age, sex, circumstances leading to the crime, etc.

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