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(영문) 제주지방법원 2019.10.25 2019고단1348
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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 member with the Jeju Viewing Department B and is in the service of general administrative assistance.

On May 23, 2018, May 30, 2018, May 30, 2018, June 1, 2018, June 1, 2018, June 4, 2018, June 4, 2018, from March 18, 2019 to March 22, 2019, from March 25, 2019, and April 1, 2019.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Submission of a written accusation against a deviation from service as a social work personnel member in preparation of the Jeju Mayor and each description of a written investigation of a deviation from service;

1. Each description of the developments leading up to the withdrawal of each service in C and A preparation;

1. Each statement of a fact-finding report on a failure to perform duties in the DNA preparation;

1. Application of Acts and subordinate statutes entered in the daily service status register prepared A;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order, Article 59 of the Act on Probation, etc. / [Scope of the sentence to be sentenced under the law] The sentence of imprisonment for one month or three years from one month to three years] / the sentence of imprisonment for 8 months: The defendant has the record of being sentenced to 2 years of suspended sentence for 1 year due to the violation of the Road Traffic Act (Unlicensed Driving) and the Act on Special Cases Concerning the Settlement of Traffic Accidents: The defendant's mistake is recognized and divided, the defendant's service is being performed as a social work personnel in good faith for the remaining period; the defendant is living without any criminal power after 2006; the defendant has been living without any criminal power; the defendant's age, character and behavior, motive, means and consequence of the crime; and the circumstances after the crime, etc. shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the argument of this case, such as the crime.

It is so decided as per Disposition for the above reasons.

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