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(영문) 광주지방법원 2014.10.21 2013고단5093
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was a public duty personnel who served in B branch of the Public Official Pension Service and did not serve for at least eight days in total, from November 26, 2012 to October 30, 201, and from December 3, 2012 to May 5, 2012.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Application of the Acts and subordinate statutes, including a written investigation of secession from service and a statement of secession from service;

1. In light of the fact that the defendant, on the grounds of sentencing under Article 89-2 subparagraph 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) with respect to criminal facts, was notified that he will return to service as public interest service personnel several times, without justifiable grounds, he/she left his/her service for more than eight days, and that such crime is not less than the nature of the crime; the defendant committed the crime in this case without being aware of the fact that he/she had been punished for violating the Military Service Act due to the failure to file a move-in report in around 2012, even though he/she had the record of being punished due to the violation of the said Act due to the failure to file a move-in report; and all other circumstances, including the defendant's age, character and behavior, the motive

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