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(영문) 대전지방법원 2013.09.13 2013고단1683
병역법위반
Text

A defendant shall be punished by imprisonment for 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

No person shall desert away from his post or serve in the relevant field for a total period of not less than eight days without justifiable grounds.

Nevertheless, the defendant served as public interest service personnel at the Seo-gu, Daejeon, as well as leaving his service on February 6, 2013 without any justifiable reason, while serving as public interest service personnel as specified in the list of crimes in the attached Form B, and went away for at least eight days in total without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes of the Ministry of Information on Personal Changes, a written notification on personal change, a report on escape from service, a fact-finding report on escape from service;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the defendant's mistake, and is divided into two occasions, and in the future, faithfully serving as a public duty personnel; the defendant has no record of criminal punishment; the defendant has no record of criminal punishment; and the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the various sentencing conditions specified in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the order.

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