logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.10.25 2017고단2715
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On June 22, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of the Military Service Act by the Seoul Northern District Court.

Criminal facts

The defendant shall work as social service personnel at the Dobong-gu Office, and social service personnel shall not attend work after working hours without justifiable grounds, or leave from the place of early retirement or work without permission.

Nevertheless, the Defendant was given a warning on December 7, 2015, December 15, 2015; December 24, 2015; January 27, 2016; January 28, 2016; February 16, 2016; February 17, 2016; and February 22, 2016;

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the provisions of the Acts and subordinate statutes to the accusation book, investigation report on the status of each service, and the details of each violation of service;

1. Subparagraph 2 of Article 89-3 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order repeated the act of attending work after the start of work despite being given warnings on several occasions.

In addition, even though punishment was imposed for a suspended sentence due to the secession from office without permission, the crime of this case was committed again.

However, the defendant is in depth against the defendant when committing the crime of this case.

The defendant has a long time to work due to disease, etc. at the time.

In this case, the defendant's living expenses should be punished and living at night.

Since then, it is the state of normal work and currently cancelled.

Punishment has been made to a certain extent as detained for a considerable period.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

arrow