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(영문) 인천지방법원 부천지원 2017.11.10 2017고단2097
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【The Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution on April 20, 2016 from the Incheon District Court’s Vice-Support for the violation of the Military Service Act, and the judgment became final and conclusive on April 28, 2016 and is currently under suspended execution.

【Defendant of the crime】 As social service personnel who work in the field of social welfare operation support, which is located in Bupyeong-si B in Bupyeong-si, they shall not leave their post for a period of not less than eight days or not serve in the field concerned without justifiable grounds.

Nevertheless, the Defendant on January 17, 2017 -

1. 20 (4), 23 January 2017 -

1. (2) 24. (2), August 1, 2017 -

8. (3) A non-service in the relevant field for ten days, including August 7, 2017 (1) and without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation, a written investigation into the escape from service, and daily service conditions;

1. The reason for sentencing under Article 89-2 subparag. 1 of the pertinent Act on criminal facts is that the defendant, who had been sentenced to a suspended sentence due to his/her escape from office, again deserts his/her service during the suspended sentence period, and that the Military Service Act only provides for a statutory punishment for the social service personnel who left his/her office.

However, the defendant shows an attitude to reflect in depth on the crime, and if this case becomes final and conclusive, the sentence should be imposed to the suspended sentence as well as the suspended sentence, taking into account various sentencing conditions shown in the argument of this case, such as the fact that the suspended sentence should be invalidated and the suspended sentence should be imposed.

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