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(영문) 수원지방법원 2016.07.20 2016고단2840
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 personnel belonging to the Gu Office 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 attend the said workplace without justifiable grounds on October 29, 2015, October 30, 2015; November 3, 2015; January 13, 2016; January 18, 2016; March 16, 2016; March 29, 2016; and April 1, 2016; from April 4, 2016 to April 8, 2016; and did not leave the service for at least eight days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A written accusation;

1. Application of Acts and subordinate statutes, such as a list of service records in supplemental service, notification of changes in status of social service personnel, and statement of reasons for secession from service;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Suspension of execution under Article 62(1) of the Criminal Act: The sentence shall be imposed as ordered in consideration of the circumstances leading up to the Defendant’s crime (which appears to have led to the commission of the Defendant’s family support, etc.); the period of secession from service; the circumstances after the commission of the crime (which will faithfully serve in the future); the Defendant’s reflective attitude and relation to criminal records (which has no record of punishment for the same type of crime); and all other conditions of sentencing as shown in the records and arguments.

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