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(영문) 대구지방법원 경주지원 2017.12.21 2016고단717
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service personnel who has served in the division of racing viewing C from December 22, 2015 and has served as a social service personnel, and social service personnel shall not leave their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant was absent from office without permission from August 17, 2016 to August 19, 2016, from August 22, 2016 to August 22, 2016, from August 26, 2016 to August 26, 2016, and total of eight days.

Accordingly, the defendant has deserted his service for not less than 8 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. Application of Acts and subordinate statutes to a written accusation, a written investigation of escape from service, and daily service conditions;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the defendant's error is divided and will serve faithfully;

Various extenuating circumstances, such as the fact that there is no criminal history, no criminal history, etc.

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