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(영문) 수원지방법원 2016.06.02 2016고단1111
병역법위반
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a member of the social service who performs the duties of operating and supporting social welfare facilities of the permitted viewing “B,” and social service personnel shall not leave their service or not serve in the field concerned for at least eight days in total without justifiable grounds.

Nevertheless, the defendant on February 2, 2016 and on February 19, the same month.

F. From 23. to 27. of the same month, he did not serve in the above B for three (3) days from March 3, 2016 to May of the same month.

As a result, the defendant left office for at least eight days in total without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. To request a person who commits a violation of the Military Service Act;

1. Application of Acts and subordinate statutes governing daily service conditions;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the defendant will faithfully perform his duty of military service against his mistake.

The sentencing conditions shown in the records, such as the defendant's age, sexual conduct, environment, family relationship, motive and circumstance after the crime, etc., shall be determined as ordered by considering the first offender, and the sentencing conditions shown in the records shall be determined as ordered by the defendant.

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