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(영문) 광주지방법원 목포지원 2014.05.23 2013고단1216
병역법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From June 3, 2013, the Defendant is a public interest service personnel who works at a youth welfare center operated by the youth welfare department for the disabled, which is operated by the youth welfare department in the Simpo-si.

No public duty personnel shall desert away from their service or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, during the period from June 3, 2013 to July 25, 2013, the Defendant left office for at least eight days in total, including ① (i) on June 3, 2013; (ii) on June 5, 2013; (iii) on June 7, 2013; (iv) on June 12, 2013; and (v) on June 13, 2013; and (vii) on June 14, 2013; (vii) on June 17, 2013; and (viii) on June 21, 2013 to July 25, 2013 (excluding without permission from June 24, 2013) on absence from office.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. -The one-day status survey book, - one-day status survey report, and - fact-finding survey report for each of the services shall apply to the legislation.

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On May 7, 2012, the Defendant was sentenced to a suspended sentence of two months in imprisonment with prison labor for six months in the Gwangju District Court Branch of the Gwangju District Court on January 6, 2012, when he/she served as a public service personnel at the welfare center for the disabled at the network for the disabled and left the military service for 16 days from January 6, 2012 to January 31, 2012.

Even though the defendant was under probation, he again committed the same crime.

On June 3, 2013, the Defendant started to leave his service from June 3, 2013, even though the above suspended sentence was rendered due to his sincere re-service.

Considering this point, it is also true that there is a need to strictly punish the defendant, and there is also a doubt as to whether the defendant will serve in good faith as public interest personnel.

However, the defendant is asserting that he will be given an opportunity once again, in depth, and reflects the crime.

Although the defendant was in the previous case, he will serve again.

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