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(영문) 수원지방법원 안산지원 2015.05.27 2015고단752
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On May 28, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny in the Suwon District Court's Ansan Branch on May 28, 2013, and completed the execution of the sentence in the Western District Court on November 26, 2013.

Criminal facts

From January 4, 2013, the Defendant was a person who served as a social work personnel in the Ansan-si member public health clinic, and was absent from his service for a total period of not less than eight days without justifiable grounds, or was not in the field concerned, for a total period of not less than eight days. However, the Defendant was absent from his service for a total period of not less than eight days on the ground that he did not work in the above workplace without justifiable grounds from May 22, 2014; and from December 10, 2014 to December 18, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Previous records of judgment: Criminal records, inquiry records, results of confinement of prisoners, and application of statutes of the judgment;

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

1. The reasons for sentencing Article 35 of the Criminal Act among repeated offenders include: (a) the Defendant committed the instant crime during the period of repeated crimes; (b) the statutory penalty for the instant crime is prescribed as “not more than three years of imprisonment”; (c) it is inevitable to sentence the Defendant; (d) the period during which the Defendant has left his service is relatively short; (c) the Defendant is carrying out his duty in good faith as a social work personnel; and (d) the Defendant has no same criminal record.

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