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(영문) 서울북부지방법원 2018.09.19 2018고단880
병역법위반
Text

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on October 13, 2016 by the Seoul Northern District Court for a crime of obstructing the performance of official duties on October 13, 2016, which became final and conclusive on October 21, 2016 and is currently under suspended sentence.

[Criminal facts] The Defendant was a member of the office of Gyeonggi-do from November 2016, and was a member of the office of Gyeonggi-do. From March 2017, the Defendant is a member of the D community service center located in Gangnam-gu Seoul Metropolitan Government.

Social service personnel shall not leave their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant: December 1, 2016; December 21, 2017; December 22, 2017; December 26 through 29 of the same year; December 26 through 29 of the same year; and February 14, 2018; and

2. From 19. to 21.3 days of the same month, he left office without justifiable grounds for at least eight days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the fact of secession from each service and a statement on the reason of secession from service;

1. A written accusation;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation reports (verification during the suspension of execution);

1. The defendant's reasons for sentencing under Article 89-2 subparagraph 1 of the pertinent Article of the Military Service Act regarding criminal facts are considered to have committed the crime of this case during the period of suspension of execution, and the defendant shall be sentenced to punishment as ordered, considering the fact that the defendant recognized the crime of this case and reflects the fact that the defendant has no record of the same crime, and all of the sentencing conditions specified in Article 51 of the Criminal

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