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(영문) 창원지방법원 밀양지원 2018.04.12 2017고단585
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service personnel who served in the Republic of Korea Railroad Corporation C, Busan, and the Republic of Korea Headquarters C.

Social service personnel shall not leave the place of service or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant did not work in the relevant field for ten days in total, without justifiable grounds, for the following reasons: ① (i) around June 7, 2017; (ii) around July 27, 2017; (iii) around August 23, 2017; (iv) around August 31, 2017; (v) around September 3, 2017; (vi) around September 24, 2017; (vii) around September 28, 2017; (viii) around October 22, 2017; (9) around October 24, 2017; and (iv) around October 29, 2017; and (v) the Defendant did not work in the relevant field for ten days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written investigation of deserting from service;

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

1. There is no record of punishment prior to the reason for sentencing under Article 62(1) of the Criminal Act, and the sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered, taking into account the following factors into account:

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