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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.
However, the above imprisonment for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant, who was exempt from military service, is a full time reserve soldier belonging to the 55th Assistant Soldiers B.
Since the Defendant was given leave from June 15, 2020 to June 19, 2020, and escaped from the military unit, the Defendant was required to return to the said military unit from June 15, 2020 to 08:30 of the same month after the completion of leave, but did not return to the military unit without justifiable grounds.
2. On September 2, 2018, from around June 20, 202 to around June 20, 202, the Defendant visited “D”, “E,” etc., which is an Internet gambling site, at the Defendant’s residence located in Ansan-si, and deposited KRW 79,698,50 on a total of 1,611 occasions, such as the list of crimes, and deposited KRW 50,000 at KRW 50,000 per time by using the same as the list of crimes, and carried out gambling by means of receiving dividends based on the results.
Summary of Evidence
1. The application of Acts and subordinate statutes on personnel orders, such as the occurrence of a case against which the defendant was forced to escape military affairs from military affairs, a written request for surrendering, a written request for surrendering, a written confirmation of a military escape, a written confirmation of a military escape, a report on a violation of military discipline for full time reserve in large scale, a report on an investigation (specific, etc. of a suspect's account), an investigation report, an account status photograph, an gambling site (FG), an investigation report (Analysis of the details of entry and departure of a suspect's account), the details of entry and departure of accounts (HI), the details of deposit and departure of accounts (JK), a written confirmation of entry into and departure from accounts, a document related to the gambling site (E), and photographs related
1. Article 30 (1) 3 of the Military Criminal Act (the point of escape from military service) and Article 246 (1) of the Criminal Act (including the point of escape from military service and part of gambling) against a crime;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for mitigation of small amount;
1. Article 62 (1) and (2) of the Criminal Act (limited to imprisonment);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of punishment by law: Six months of imprisonment;