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(영문) 서울남부지방법원 2016.02.03 2015고단5396
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service worker in charge of supporting administrative affairs at the C community service center located in Geumcheon-gu Seoul Metropolitan Government.

The Defendant did not work at the workplace without justifiable grounds for three days from May 21, 2015, June 2, 2015 to April 4 of the same month, and for nine days from September 2, 2015 to September 8, 2015 without justifiable grounds.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written investigation of renunciation of service;

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

1. A daily service status register;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear a statement by telephone for DNA injection to the C community service center);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has no particular criminal history, except for the punishment of a fine imposed on one occasion of assault after he/she becomes an adult, and that he/she works in good faith as a social service personnel;

The sentencing conditions, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as ordered.

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