logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.07.19 2018고단1353
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service worker who has worked for C elementary school in Socheon-gu, Socheon-gu B.

No social service personnel shall desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant did not work on August 29, 2017; October 26, 2017; November 21, 2017; November 23, 2017; November 23, 2017; November 28, 2017; November 29, 2017; December 22, 2017; and April 18, 2018;

Accordingly, the defendant, for a total period of not less than eight days, has deserted from service without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of daily military service status, a survey report on the escape from service, and a copy of the details of escape from 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. Although the defendant's error in sentencing Article 62-2 of the Social Service Order Criminal Act is recognized, the reason why he/she left service was unable to work continuously as shown in the preceding day, and the reason why he/she was unable to work due to his/her failure to work.

As stated in the record, it is doubtful whether there is no extenuating circumstance in relation to the escape from service, and is against the crime of this case.

Rather, the service institutions have contacted the defendant every day and caused many difficulties to prepare documents.

In addition, the punishment shall be determined as per Disposition by comprehensively taking into account the motive for the crime, method of crime, circumstances after the crime, and the fact that the defendant's service period remains long.

arrow