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(영문) 인천지방법원 부천지원 2017.12.21 2017고단2707
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a social service personnel, was assigned to the Library B from December 28, 2015 to serve in the field of general administrative support.

Of that, the Defendant was serving for two days from March 22, 2016, around April 5, 2016, from June 29, 2016 to June 30, 2016, from January 4, 2017 to January 5, 2017, and for two days from January 27, 2017, from October 16 to October 17, 2017, respectively, for two days from October 21, 2017, and for two days from October 23, 2017 to October 17, 2017, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation book, daily service status book, investigation report on the escape from service, and explanatory note;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act takes into account the fact that the defendant is absent from social service for 12 days without any particular reason and is not good in quality of the crime. On the other hand, the defendant's performance against his mistake and in good faith in the future, without any criminal records, and all other circumstances including the defendant's age, sex behavior, family relationship, and circumstances after the crime shall be determined as ordered by the order.

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