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(영문) 광주지방법원 2017.07.13 2017고단2229
병역법위반
Text

A defendant shall be punished by imprisonment for 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

The Defendant was called as a social service personnel on May 30, 2016 and served in the department B of Gwangju North-gu Office located in the 77-ro from August 25, 2016.

The Defendant did not work on October 11, 2016, October 13, 2016; October 21, 2016; November 4, 2016; November 30, 2016; November 30, 2016; December 1, 2016; December 2, 2016; and March 13, 2017, which is working for eight days in total, on the ground that he/she gets late diving with B of the relevant Gwangju Northernbuk-gu Office.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written investigation of secession from service;

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

1. The sentence shall be determined as ordered, taking into account the following circumstances: (a) the confession and reflection of the reason for sentencing under Article 62(1) of the Criminal Act; (b) the primary offender is the first offender; (c) the sincere service in the future is performed; and (d) the Defendant’s age, sex, criminal conduct, environment, family relationship; (c) motive and consequence of the crime; and (d) the motive and consequence of the crime; and (e) the circumstances constituting

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