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(영문) 수원지방법원 2016.07.14 2016고단2692
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 who works in Suwon-si Office B of Suwon-si.

Social service personnel shall not leave their service or serve in the relevant field for a period of eight days or more in total without justifiable grounds.

Nevertheless, the Defendant did not work at the above workplace without justifiable grounds from March 29, 2016 to April 1, 2016, from April 4, 2016 to April 8, 2016, and was absent from service for at least eight days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the written accusation and written statements to statutes;

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 (the following favorable circumstances) of the suspended sentence is large in that the defendant, who faithfully performed the duty of national defense, has deserted his service for not less than eight days without justifiable grounds.

On the other hand, the fact of crime is recognized and wrong.

In addition, he will faithfully serve for the remaining period of time.

Such circumstances are also recognized.

In full view of the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, family relationship, health status, motive and consequence of the crime, and circumstances constituting the conditions for sentencing as shown in the instant pleadings, the sentence of a suspended sentence of imprisonment shall be imposed on the Defendant.

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