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(영문) 서울북부지방법원 2016.06.17 2016고단1377
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of one year, etc. for four months by obstructing the execution of official duties by the Seoul Northern District Court on January 28, 2016

2. 5. The judgment became final and conclusive.

[Criminal facts] The defendant is a person who belongs to the B community service center located in Dongdaemun-gu Seoul Metropolitan Government and serves as a social service personnel.

Social service personnel shall leave their service or not serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the defendant did not appear from the above Dongdaemun-gu community service center without permission for at least 11 days from December 22, 2015 to January 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of a case under trial of a suspect) statute;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62 (1) of the Criminal Act Article 62 (1) of the suspended sentence is that the defendant will work faithfully as a social service personnel, against his wrongness;

The punishment shall be determined as ordered by taking into account the expected sentence, etc. when a judgment was rendered together with a crime of interference with the execution of official duties for which judgment has become final and conclusive.

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