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(영문) 대전지방법원 논산지원 2016.02.12 2015고단554
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a public duty personnel who is in charge of general administration in the field of Viewing and viewing B, which is a citizen of 210 o.h. 210.

Where any person serving as public interest service personnel needs family care, or needs his family support due to a disaster or other family reasons, the head of a regional military affairs administration may suspend his/her service for a certain period and allow him/her to resume his/her service, but the total amount of service shall not exceed six months, and in such cases, he/she shall leave his/her service for at least eight days in the relevant field without justifiable grounds,

On October 5, 2012, the Defendant: (a) filed an application with the head of the Military Affairs Administration of Daejeon District Office for the division of public interest service personnel (administrative agency personnel) from October 10, 2012 to April 7, 2013 on the ground that his/her livelihood is maintained; (b) the period of service expires after he/she applied for the division of public interest service personnel; and (c) accordingly, the Defendant was discharged from work without any justifiable reason on April 8, 2013 to April 12, 2013; (e) from April 8, 2013 to April 12, 2013 to April 2013; (v) from April 15, 2013 to April 19, 2013 to April 119, 2013; and (d) April 22, 2013 to leave from work without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the accusation form prepared by the rice industry market, the list of service records in supplemental service attached thereto, the details of escape from service, investigation records of escape from service, statement of personal history, and statutes of records of management;

1. The Defendant, on the grounds of sentencing under Article 89-2 subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) regarding criminal facts, was absent from work without permission despite having to return to work place, and was absent from work without permission for more than one year, and is highly likely to be subject to criticism, such as evading military service while living in the Jinju for more than one year.

However, other circumstances shown in the arguments in this case, such as the fact that the defendant has divided and led to confession, and the age, sex, environment, etc. of the defendant.

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