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(영문) 제주지방법원 2015.09.23 2015고단554
병역법위반
Text

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

Reasons

Punishment of the crime

On January 24, 2013, the Defendant sentenced the Jeju District Court to six months of imprisonment with prison labor for violating the Military Service Act, etc., and completed the execution of the sentence in the Jeju Prison on May 16, 2013.

A social work personnel member shall not desert from his office for at least eight days in total or shall not serve in the relevant field without justifiable grounds.

Nevertheless, on April 9, 2012, the Defendant was posted to C as a social work personnel in Seopopopo City B, and was engaged in patient relief duties, from September 29, 2014 to October 2, 2014; and from October 7, 2014; and from October 10, 2014; and from October 13, 2014; and from January 7, 2015 to January 22, 2015, the Defendant left his/her service without justifiable grounds for a period of at least eight days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement of the reason for a secession from service, a statement of fact-finding of a secession from service, a daily statement of service status, and a statement of service

1. Previous convictions: Application of investigation reports (verification of the date of final release of a suspect)-related Acts and subordinate statutes;

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

1. The circumstances that are favorable to the determination of punishment as ordered in light of the following circumstances in sentencing Article 35 of the Criminal Act among repeated offenders: The fact that the defendant committed the crime of this case at once again during the repeated crime period due to the same crime; the defendant, even after having been sentenced to imprisonment with prison labor for the violation of the Military Service Act, has left away without permission despite having offered maximum convenience to the defendant, such as permission for installment service, treatment of illness, treatment of illness, etc., on the ground that he/she committed the crime of this case; the motive and circumstance leading to the crime of this case; circumstances before and after the crime of this case; the defendant's age, character and conduct, environment, family relation, etc.

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