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(영문) 대구지방법원 2017.03.31 2016고단5913
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a social service worker who works in Daegu City Railroad Corporation No. 1 Line B.

Social service personnel, art or sports personnel shall not leave their service or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant was absent from office on September 12, 2016, on the 13th day of the same month, on the 19th day of the same month, on the 21st day of the same month, on the 22th day of the same month, on the 23th day of the same month, on the 26th day of the same month, on the 27th day of the same month, and on the 28th day of the same month without justifiable grounds, left from office for

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to the written accusation;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for the following sentencing) committed the instant crime even though the Defendant had been punished twice for the same kind of crime. However, the Defendant appears to have caused the instant crime due to economic difficulties, and the Defendant is performing faithfully his/her duty during the remaining service period after returning to the social service personnel, taking into account all the sentencing conditions favorable to the Defendant, such as the Defendant’s age, sexual behavior, and circumstances after the crime, etc., and determine the sentence as ordered in the Disposition.

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