logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.22 2017고단2942
병역법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a social service worker who was called up as a social service worker on December 11, 2015 and served in Gangnam-gu Seoul Metropolitan Government C from September 3, 2016, and social service personnel shall not attend work after the start of work without justifiable grounds.

Nevertheless, on February 9, 2017, the Defendant was given a warning at least eight times after working hours after the start of work without justifiable grounds for a total of 21 days from that date until April 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. D's written confirmation;

1. A written accusation;

1. Application of Acts and subordinate statutes to each warning note, each explanatory note, each list of service records, and a survey of service status;

1. Subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the same Act concerning facts constituting an offense;

1. The crime of repeatedly committing the same crime is not good, such as the fact that the service conditions are extremely poor, such as serving 15 to 17 hours on the 21-months on the grounds of sentencing under Article 62(1) of the Criminal Act, due to the same reason between October 4, 2016 and November 17, 2016, and was prosecuted upon the eight warning of the same reason, and the suspension of indictment was imposed on the same reason.

However, the execution of a sentence shall be suspended only once in consideration of the circumstances, such as the fact that the defendant shows the appearance against the defendant, and that the defendant has faithfully served the remaining service period, and that there is no record of punishment heavier than imprisonment without prison labor.

Other punishment as ordered shall be determined by taking into consideration the defendant's age, sex, environment, background, circumstances after the crime, etc.

arrow