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(영문) 수원지방법원 여주지원 2016.09.13 2016고단706
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 12, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny, etc. in a capital support from a prison guard, a prison guard, and completed the execution of the above punishment on January 16, 2014.

[Criminal facts] The Defendant was called as a social service personnel and served as a social service personnel at the D Hospital located in Leecheon-si from November 7, 2014 to May 25, 2016.

No social service personnel shall desert from their service without justifiable grounds.

Nevertheless, the Defendant decided without any justifiable ground on January 5, 2016; January 14, 2016; January 28, 2016; February 2, 2016; February 12, 2016; February 15, 2016; April 26, 2016; and May 2, 2016;

Accordingly, the defendant left his service for not less than 8 days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written investigation of the renunciation of service;

1. A written statement of the reason for secession from service;

1. Investigation report (Submission of data on the status of service); and

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (prior convictions of suspects and repeated crimes)-related Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act provides for the reason for sentencing of aggravated repeated crime: (a) the Military Service Act provides only imprisonment with prison labor for the escape of social service personnel; and (b) the defendant commits the instant crime during the period of repeated crime, and it is inevitable to sentence the criminal sentence to

In determining the term of punishment, the defendant will faithfully perform his duty during the remaining service period after the release while being aware of his criminal act.

It shall be decided as ordered by considering the defendant's age, family environment, motive for the crime, circumstances after the crime, etc., such as the fact that there is no record of punishment for the same crime, favorable circumstances such as the defendant's age, family environment, motive for the crime, and

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