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(영문) 의정부지방법원 2020.07.23 2019고단4358
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is a social work personnel who has worked in C Office located in Scheon-si.

A social work personnel member shall not leave his/her service or not perform his/her duties in the relevant field for a total period of at least eight days without justifiable grounds.

Nevertheless, the Defendant, from April 11, 2019 to April 12, 2019, was absent without permission for two days, from April 15, 2019 to April 17, 2019; three days from April 15, 2019 to April 17, 2019; one day from July 26, 2019; three days from July 29, 2019 to July 31, 2019; and two days from August 7, 2019 to August 8, 2019 without permission for a total period of eight days or more without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accuser or accuser;

1. The application of Acts and subordinate statutes to data on the status of suspect service, a statement on the reason of escape from service and a fact-finding investigation;

1. Article 88 (1) 1 of the relevant Act on criminal facts;

1. As the reasons for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) are repeated by the Defendant for 11-day period, there is a lot of gap in military service that resulted from the Defendant’s repeating without permission, the corresponding strict punishment should be followed.

However, in full view of the favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects the depth of the defendant's prison life within one month, the fact that there is no other penalty force than the fine imposed due to drinking driving, and other favorable circumstances, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances before and after the crime, etc., the punishment as ordered shall be determined as per Disposition.

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