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(영문) 인천지방법원 2016.08.11 2016고단3497
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 public duty personnel belonging to the Seo-gu Incheon Metropolitan Government Office, and even if he deserts or does not serve in the relevant field for a total period of at least eight days without justifiable grounds, he/she was absent from his/her service for at least eight days in total, including that he/she was not present at the above Seocho-gu Office on July 17, 2015, from December 21 to December 24 of the same year, and from December 28 of the same year, from May 28 of the same month, May 25, 2016 to May 26 of the same month without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the charge book, a statement on the reason of secession from service, and a fact-finding report;

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 (The following circumstances considered in favor of the reasons for sentencing);

1. The observation of protection and the reason for sentencing under Article 62-2 of the Social Service Order Act does not have any history of punishment for the defendant for the same crime, and will serve in good faith in the future;

The same sentence as the order shall be determined by comprehensively taking into account the following factors: the defendant's age, occupation, sex, environment, the circumstances and motive leading to the crime of this case, and all the conditions of sentencing as shown in the records, such as the circumstances before and after the crime.

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