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(영문) 전주지방법원 2019.08.29 2019고단428
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From November 5, 2018, the Defendant is a social work personnel member who works in the Doksan City B in the Doksan City of North Korea.

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

Nevertheless, from November 7, 2018 to November 16, 2018, the Defendant was absent from work without permission and left from work for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of the person in charge of D social work personnel;

1. Application of Acts and subordinate statutes to a written accusation, an applicant for verifying traffic accidents, and an investigation report (report accompanied by a summary order issued on November 6, 2018 by a suspect);

1. The Defendant, on the grounds of sentencing under Article 89-2 subparag. 1 of the Act on the Punishment of Criminal Crimes, led to the confession of the instant crime.

The Defendant was punished for violating the Military Service Act of the same kind as the instant crime.

- On November 15, 2002, on the grounds of a violation of the Military Service Act (Desertion from service), two years of probation in August, 200; - on July 16, 2003, five months of imprisonment for a violation of the Military Service Act (Desertion from service); on January 25, 2005, six months of imprisonment; on May 21, 2007, six months of imprisonment for a violation of the Military Service Act (Desertion from service); and on January 21, 201, eight months of imprisonment for a violation of the Military Service Act (Desertion from service); and on January 21, 2010, eight months of imprisonment for a violation of the Military Service Act (Desertion from service).

- On April 12, 2017, a fine of KRW 500,000 was imposed for a violation of the Military Service Act (a person obliged to serve in the military and does not move-in report at the time of moving his residence).

Defendant appears to have been able to go back to the instant crime even though his previous conviction had been committed several times due to the previous crime of escaping from military service, and have been able to escape from military service without complying with due process to handle one's occurrence. However, in committing the crime of violating the Military Service Act, the Defendant seems to have been in the light of the law without any awareness of any particular crime.

In addition, the sentencing indicated in the records, such as the defendant's age, character and conduct, family relationship, the background and result of the crime of this case, and circumstances after the crime.

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