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(영문) 서울동부지방법원 2017.01.11 2016고단3209
병역법위반
Text

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

However, the execution of the above punishment 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 called up as a social service personnel on December 19, 2013 and served as a patient relief support personnel at D Medical Center located in Jung-gu Seoul Metropolitan Government from January 17, 2014. From May 20, 2016; from May 23, 2016 to May 24, 2016; and from May 27, 2016; and from May 27, 2016 to August 31, 2016, the Defendant left from his/her service without justifiable grounds.

Accordingly, the defendant has deserted his service for not less than 8 days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that the punishment for the crime is not less severe in that the crime was committed during the period of the stay of execution due to the crime committed for the same crime, but there is no other criminal record other than the one-time criminal record due to the same crime, and the confession of the crime of this case and its depth is against it, and the fact

1. The community service order under Article 62-2 of the Criminal Act;

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