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(영문) 수원지방법원 여주지원 2021.02.01 2020고단1028
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On April 17, 2019, the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act in the credit support of Suwon Franchi, which became final and conclusive on April 25, 2019, for a period of two years after suspension of execution.

[Criminal facts] The Defendant was serving in B as a social service personnel in charge of general administrative support belonging to Ethical viewing.

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

Nevertheless, the Defendant, for a total of 11 days from March 2, 2020 to March 3, 2020, May 14, 2020, and July 29, 2020 to August 7, 2020, deserted his service without justifiable grounds and did not serve in the field concerned.

Summary of Evidence

1. A-CKakao Stockholm photographs of the defendant on the background leading to his/her renunciation of duty in the court, and the investigation report (administrative injection C currency) on the fact that he/she left office;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (fact-finding during the period of suspended sentence of a suspect);

1. The reason for sentencing under Article 89-2 subparag. 1 of the pertinent Act on criminal facts is that the Defendant, who is a social service personnel, failed to perform his/her duty for 11 days without justifiable grounds, and that his/her social service is replaced by that of his/her duty of military service, the Defendant’s liability for the crime is not minor.

And the crime of this case was committed during the period of suspension of execution.

However, the defendant's independent judgment ability is weak due to intellectual disability.

The punishment shall be determined as ordered in consideration of such circumstances and the defendant's age, character and conduct, environment, and circumstances after the crime.

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