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(영문) 의정부지방법원 고양지원 2018.02.14 2017고단3662
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

From February 19, 2016, the Defendant is serving as a social service personnel at C medical care center in Gyeyang-gu, Soyang-gu, Gyeonggi-gu.

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

Nevertheless, on May 10, 2017, the Defendant was absent from work without contact with the above C Medical Care Center without contact and was absent from work for at least eight (8) days in total due to the Defendant’s failure to work for at least 20 (20) days, such as the list of crimes in the attached crime list, from September 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of a written statement of the reason of secession from service, daily service status, and statutes concerning the status of service;

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

1. The fact that the defendant committed the instant crime that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not good.

However, the defendant appears to be the first offender, and will faithfully serve in the remaining service period of social service personnel in the future.

The sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined in the same manner as the disposition is comprehensively taken into account.

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