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(영문) 울산지방법원 2015.09.10 2015고단1133
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 became final and conclusive.

Reasons

Punishment of the crime

On December 26, 2011, the Defendant shall be a person called up as a social work personnel service personnel on December 26, 201 and served in the D Care Center in Ulsan-gu C, Ulsan-do, and a social work personnel member shall not desert from his service or leave his service in the relevant field for at least eight days

Nevertheless, from April 1, 2015 to April 16, 2015, the Defendant left his office without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a charge book (a fact-finding report on a deviation from service, a statement of escape from service, a written confirmation, a notification of a criminal charge or complaint, a closure of the service status of the service management portal and a mentoring);

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant, without good cause, has deserted from the service of social work personnel for at least eight days, but the defendant appears to have caused the crime of this case in order to punish money for maintaining his livelihood, that the defendant has no record of punishment for the same crime, and that the defendant is faithfully serving as social work personnel in good faith in the future, shall be determined as ordered by taking into account the sentencing conditions favorable to the defendant, other conditions of sentencing, such as the defendant's age, character and conduct, circumstances after the crime, etc.

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