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(영문) 창원지방법원 마산지원 2013.04.24 2012고합202
군형법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 6, 2012, the Defendant was enlisted in the enlistment examination team of the Army Training Center and was transferred to the 27 Education Team of the Army Training Center to the 27 Education Team of the Army and was on training.

On August 9, 2012, the Defendant had an answer to a military unit during training at the above affiliated groups, and had the mind to escape from military service for the purpose of evading military service of those who refuse to perform military service.

On August 9, 2012, at around 16:10, the Defendant left a military unit for about two hours, beyond the fence of the training center 27 educational joint training team, with a view to evading military service at the Army Training Center located in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and then deserted from a military unit for about 17:10 hours before arresting the military unit on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Occurrence of a military crime of escape from military service and the arrest report;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 30 (1) 3 of the Military Criminal Act applicable to a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act provides that the content of the crime of this case, which deserts a military unit for the purpose of evading military service, shall not be shorter than that of the defendant, but the defendant was suffering from depression, as a result of a close physical examination conducted against the defendant after this case, the measures taken for returning home have been required to observe the spirit of the defendant, the defendant's depth

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