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(영문) 수원지방법원 안산지원 2016.06.02 2016고단1044
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On March 28, 2012, the Defendant was sentenced to eight months of imprisonment for fraud by the Incheon District Court, and was released on November 30, 2012 in the Incheon Detention House on parole on the execution of the sentence and the parole period expired on January 14, 2013.

[2] The Defendant: (a) was a social service personnel who is assigned to, and works for, Ansan-si Member C in Ansan-si Member B, and has not been absent from, service for at least 8 days in total without justifiable grounds; (b) was discharged from service without justifiable grounds for 39 days from June 2, 2014 to July 30, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the fact of secession from service and a daily service status register;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, (A), personal identification and acceptance status, and reporting prior convictions and results of dispositions to the Acts and subordinate statutes;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the crime of this case has ceased to serve as a social service personnel even though it is in the period of repeated crime, and the sentence is inevitable in light of the statutory penalty.

However, in consideration of favorable circumstances, such as the fact that the defendant recognized his mistake and reflects it, and the fact that the defendant is faced with the difficult family environment, and all the conditions of sentencing prescribed in Article 51 of the Criminal Act, the same punishment as the order shall be determined.

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