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(영문) 수원지방법원 2016.12.08 2016고단5358
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 27, 2015, the Defendant called as a social work personnel service personnel, and posted it to the Suwon-gu B community service center in Suwon-si, and served as a general administrative support personnel.

The Defendant did not work at the B community service center which was working place for five days from June 13, 2016 to the 17th day of the same month, and for three days from the 20th day of the same month to the 22th day of the same month due to economic difficulties.

Accordingly, the defendant, as a social work personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written statement of service management for social work personnel;

1. Application of Acts and subordinate statutes governing daily service conditions;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. The suspended sentence under Article 62(1) of the Criminal Act takes into account the following factors: (a) the defendant was committed at the time of and against his mistake; (b) the defendant was deprived of his/her service due to his/her difficulty in living; and (c) the defendant has no criminal record exceeding the fine; and (d) the sentencing conditions specified in the records and arguments, such as the defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances before and after the crime, shall be comprehensively taken into account.

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