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(영문) 전주지방법원 2018.04.12 2017고단1929
병역법위반등
Text

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

From July 22, 2013, the Defendant, “2017 Highest 1929,” was discharged from his service for a total period of at least eight days, without justifiable grounds, due to the failure to attend the above service place, including the five days from October 14, 2013 to the 18th day of the same month, and the three days from the 21st day of the same month to the 23th day of the same month, without justifiable grounds, while he was serving as a social service personnel at the Jung-gu Office of Seoul Special Metropolitan City, Seo-gu, Seoul Special Metropolitan City, and social service personnel have not left their service for at least eight days in total.

On April 19, 2016, the Defendant: (a) received an investigation into the North Korean police station in the former North Korean region, as well as the C Team office in the investigation into the status of the suspect on April 19, 2016, the Defendant: (b) forged D’s signature without authority for the purpose of exercising the signature by putting it off on the signature side; (c) forged D’s signature without authority, i.e.,, by submitting it to the said E, as if it had been duly formed, and submitting it to the said E, the police officer belonging to the said police station, for signing the suspect examination report, after going through the investigation as D; and (d) completed the investigation; and (d) demanded the E, a police officer belonging to the said police station, to sign the suspect examination report.

Summary of Evidence

"2017 Highest 1929"

1. Statement by the defendant in court;

1. A investigation report (related to confirmation of suspect A service period);

1. The accusation book and a written investigation of the fact that he/she has deserted from his/her service 2017 Highest 202;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of the self-examination protocol, and a card identification card;

1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal facts (a point of leaving office), Article 239 (1) of the Criminal Act (a point of signing a private signature) and Articles 239 (2) and 239 (1) of the Criminal Act (a point of signing a private signature) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is to recognize the facts charged in this case and to mislead the defendant.

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