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(영문) 서울중앙지방법원 2016.08.25 2016고단4054
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant shall not desert from his service as a social service personnel for a total period of not less than eight days without justifiable grounds.

Nevertheless, the defendant from March 28, 2016 to March 31 of the same month, and the same year.

4. From April to 14th of the same month, the number of Seoul National University members and universities working in Gwanak-gu, Seoul Special Metropolitan City, working for the workplace, were absent from office for at least eight days in total without good cause.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement on the reason of secession from service and a fact-finding report on secession from service;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. A crime committed by a defendant replacing the duty of military service as a social service personnel for the reason of sentencing under Article 62(1) of the Criminal Act without permission is not good in light of the equity with active duty service personnel. However, the same sentence as the disposition is imposed in consideration of the following circumstances: (a) the defendant's mistake is divided and reflected; (b) the defendant has no record of committing a crime; (c) the defendant has served faithfully during the remaining service period; and (d) the defendant's age, sex behavior, environment, family relationship, motive and consequence of a crime; and (e) records, such as the circumstances after the crime, etc., and the conditions for sentencing as shown in the argument of this case.

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