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(영문) 의정부지방법원 2016.08.18 2016고단2528
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

Social service personnel shall not leave their post or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

From April 13, 2015, the Defendant was absent from military service without justifiable grounds at the above workplace for eight days in total (one day from July 17, 2015, one day from July 17, 2015, one day from July 2015 to July 28, 2015, one day from July 2015, one day from July 2015, and two to four days from July 20, 2015, and one day from July 27 to 28, 2015).

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. A certificate of secession from service;

1. A report on the accusation and accusation of the social service personnel who evaded military service;

1. Investigation report (the staff currency in charge of the social service personnel of the Military Manpower Administration);

1. A copy of a daily work status ledger and a copy of each medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by a public official in charge);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The judgment is rendered as above on the grounds of above consideration such as the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, etc. as stipulated in each subparagraph of Article 51 of the Criminal Act, such as the circumstance after the crime, etc., for which the same criminal records are favorable to three times: The confession and reflect of the crime; the escape is being taken into account; and the defendant's age, sex, intelligence and environment;

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