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(영문) 전주지방법원 2018.05.15 2018고단552
병역법위반
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2016, the Defendant is a person who served as a social service personnel in Kim Viewers B.

From March 27, 2017 to March 31, 2017, and from April 3, 2017 to April 6, 2017, the public prosecutor applied for permission to amend the date and time of the crime in this part at the second public trial, and the court permitted this.

The above Kim Jong-il did not attend the above Kim Jong-il B without justifiable grounds.

Accordingly, the defendant, as a social service personnel, has deserted his service for at least eight days without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation, a written investigation of the escape from service, a statement of the escape from service, and daily service conditions;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant recognized the facts charged in the instant case and expressed his intention of reflection against the mistake thereof; and (b) the Defendant did not have any criminal record other than the punishment imposed once due to a violation of the Juvenile Protection Act around 2015; (c) however, in this case, the Defendant was favorable to the Defendant; (d) the Defendant, without any special circumstance, committed a crime of leaving his military service while he performed his military service as a social service personnel on a caric book, walked with his father and walked, without being given a special circumstance; and

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