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(영문) 수원지방법원 안산지원 2016.08.09 2016고단1627
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who served as a social service personnel from November 21, 2014 to Si interest cities.

A defendant, as a social service personnel, shall not break away from his/her service for at least eight days in total or serve in the relevant field without justifiable grounds, from December 14, 2015 to December 18, 2015 (5 days), from January 14, 2016 to January 15, 2016 (2 days), and from January 15, 2016 to April 7, 2016>

4. Before August 2, 201, from April 11, 2016 to April 12, 2016 (2), from April 14, 2016 to April 15, 2016, (2) from April 14, 2016 to April 15, 2016; and (1) from April 18, 2016 to leave the service for 14 days on the ground that he/she fails to attend the service without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and B by the head of Si/Gu at Si/Gu;

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

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of the suspension of suspect A service);

1. In full view of the circumstances below the grounds for sentencing under Article 89-2 subparag. 1 of the pertinent Act regarding criminal facts, and all the conditions of sentencing recorded in the records, such as the defendant’s age, occupation, sex, environment, and the circumstances before and after the instant crime, the sentence identical to the order shall be determined.

The defendant is age young young people, there is no other punishment force except a suspended sentence of imprisonment with labor once, and the remaining social service is faithfully performed.

It is not clear that there is no aspect to consider, such as being well-grounded, and not good health.

However, on October 1, 2015, the Defendant was sentenced to one year of suspended execution for six months from the date of his/her failure to work at the workplace without any justifiable reason before the instant case, on October 1, 2015, due to the violation of the Military Service Act from the support of the Sugwon in the Sugwon, and was sentenced to one year of suspended execution. On October 19, 2015, the Defendant committed the instant crime even during the suspended execution

It should not be taken into account the equity with other young people who faithfully perform military service obligations.

Furthermore, the Military Service Act only stipulates imprisonment with prison labor for the instant crime, and the Defendant is a person with a suspended sentence.

Therefore, it is true.

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