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(영문) 인천지방법원 부천지원 2018.06.11 2018고단943
병역법위반
Text

A defendant shall be punished by imprisonment for six 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 is a person who serves as a social service personnel at C High School located in Bupyeong-si B.

The Defendant was dismissed from working at the above high school without permission on August 17, 2017; August 21, 2017; October 12, 2017; October 13, 2017; October 13, 2017; November 3, 2017; and November 14, 2017; and received each warning on the ground that he/she was dismissed from working at the above high school without permission.

As a result, the Defendant was given warning at least eight times in total, including the attendance at work after the start of work without permission, early retirement from work place without permission, or leaving work place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation, notification of changes in personal circumstances and copies of daily service conditions and details of violations of military service;

1. Subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the same Act concerning facts constituting an offense;

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

1. Despite the repeated warning for sentencing under Article 62-2 of the Criminal Code of the Social Service Order, Defendant’s attitude of service was not very good.

However, the defendant's mistake is recognized and reflected, and the same mistake is not repeated again.

There are many things.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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