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(영문) 의정부지방법원 2016.08.31 2016고단2196
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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 person who serves as a social service personnel at C elementary school of the Guri-ri Education Support Agency in Namyang-si City B.

The Defendant did not attend C elementary schools working at a total of nine days, including two days from March 3, 2016 to April 4 of the same month, two days from April 11, 2016 to December 12 of the same month, the 15th day of the same month, the 19th day of the same month, the 2th day from May 12, 2016 to the 13th day of the same month, and the 17th day of the same month.

Accordingly, the defendant left his service for a total period of not less than 8 days without justifiable grounds.

Summary of Evidence

1. Defendant’s legal statement

1. Application of Acts and subordinate statutes to a charge filed against the accused in one accusation protocol concerning the examination of the suspect of the prosecution, a part of daily service conditions, a statement of personal status and management records, a statement of the reason of secession from each service, and a statement of

1. Subparagraph 1 of Article 89-1 of the relevant Act concerning criminal facts;

1. Article 62(1) (The following favorable circumstances) of the Criminal Act recognizes and reflects the Defendant’s mistake.

In the future, it is difficult to perform faithfully.

Until now, only one fine has been punished so far.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, environment, motive, means and consequence of the crime, and circumstances after the crime.

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