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(영문) 인천지방법원 부천지원 2018.07.25 2018고단1053
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a social service personnel belonging to the B Administrative Welfare Center in Bupyeong-si.

Although social service personnel have not deserted their service for at least eight days in total without justifiable grounds, the defendant left their service without justifiable grounds for a total of 23 days from March 2, 2018 to March 29, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the statutes of the table of service records, such as a written investigation into facts of secession from service and a written consolation and supplementary service;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing Article 62-2 of the Criminal Act Article 62-2 recognizes the defendant's mistake and reflects the order to observe the protection.

It seems that it was impossible to work for livelihood.

However, there are many times of secession from service.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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