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(영문) 창원지방법원 통영지원 2018.06.28 2018고단313
병역법위반
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 20, 2015, the Defendant called up as a social service personnel, and served in the comprehensive social welfare center for the city, which is located in 45 - 1- way in the city of Gyeongnam-do.

The defendant on February 14, 2017 and the same year

2. 15.15.2

4. 14. 14. The same year.

6.7.7. The same year.

6.8.8. The same year.

6. On October 10 of the same year, on October 10 of the same year, and on October 1 of the same year, absence from work without permission for at least eight (8) days, while absent from work without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written investigation of escape from service;

1. A written statement of the reason for secession from service;

1. Application of Acts and subordinate statutes to investigative reports (person in charge of telephone conversations at the time of accusation - Calling of suspects, etc.);

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense (a point of leaving office as social service personnel);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the same Act is that the defendant committed the instant crime again during the period of probation due to the same criminal act, and the relevant criminal liability is not weak.

However, it shall be determined as ordered by taking into account the following circumstances: (a) the Defendant is able to faithfully attend and finish the remaining service period, (b) the Defendant is able to support a person who has a bad health and is in charge of his family's livelihood, and (c) the Defendant's age, sexual behavior, environment, motive for committing a crime, circumstances after committing a crime, etc.; and (d) the punishment shall be determined as ordered by taking into account the various conditions of sentencing

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