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(영문) 인천지방법원 2017.01.25 2016고단8322
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor 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, as a social service personnel working in the Incheon Metropolitan City Medical Center located in the Dong-gu, and social service personnel, should not leave their service for at least eight days in total without justifiable grounds, from January 4, 201 to January 7, 2016, and from January 11, 2016; and from February 12, 2016 to February 15, 2016; from February 24, 2016 to February 25, 2016; from February 24, 2016 to the same month; from March 16, 2016; from November 9, 2016 to November 17, 2016, the Defendant left their service for 13 days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on evidentiary documents regarding secession from service and examination for divided service of social service personnel;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria are not set for the crimes committed in the judgment;

2. The criminal liability for a defendant who deserts from his service as a social service personnel without justifiable grounds shall not be minor;

However, the defendant is able to faithfully serve in the future while recognizing and opposing the crime.

In addition, considering the fact that the defendant is the first offender who has no power, the term of punishment shall be determined, and the execution of the punishment shall be suspended.

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