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(영문) 수원지방법원 2017.08.24 2017고단4420
병역법위반
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant called as a social service personnel on November 7, 2015, and was placed in the unit B team of the right line Gu office located in Suwon-si, Suwon-si, Suwon-si, and served as a general administrative support personnel.

The Defendant did not work at the Gu office of the right to work, on the ground that the delivery date of selective transfer is unsanitary for the total period of 14 days from May 19, 2016, June 21, 2016, August 24, 2016, Nov. 17, 2016, December 30, 2016, etc.

Accordingly, the defendant, as a social service personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation from the head of the authorized vessel;

1. A written statement of the competent C;

1. Application of Acts and subordinate statutes to report on investigation (to hear the statement of an accused public official) including a list of military service records in supplemental service and a written investigation of service conditions;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving Driving) on September 30, 2016, when he was serving as a social personnel, in addition to six months of imprisonment and two years of suspended execution, due to the crime of this type of crime in 2012. However, the Defendant again committed the instant crime. In short, the Defendant, due to the Defendant’s criminal act, committed any harm to public interest, such as loss of the will of those who faithfully perform the duty of military service.

However, the Defendant recognized all of the crimes of this case and opposed thereto.

The defendant has served in good faith while not repeating the crime.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

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