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(영문) 울산지방법원 2017.08.31 2017고단2670
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 25, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Military Service Act at the Ulsan District Court, which became final and conclusive on February 2, 2017, and is currently under the suspended sentence.

【Criminal facts】 The Defendant was called as a social service personnel on May 2, 2016, and for the same year

5. From 30. to 30. U. Ulsan-gun C, a person who is placed in D schools located in Ulsan-gun C and serves as personnel for supporting activities of disabled students.

The defendant, on February 6, 2017, did not work at the above D school, who is working for the reason that the defendant sleep is sleep, etc. on or around February 6, 2017

2. 15.15.2

2.16.16. The same year;

2.20. 20. 20. The same year

2. 23.23.2 The same year;

3.6.0.00

4. 11.1.1. The same year

6.13.13. The same year;

6. All of the nine days including 15. They did not work at the above workplace without any special reason;

Accordingly, the defendant, without justifiable reasons, deserted his service for not less than 8 days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of the Acts and subordinate statutes governing a statement of the reason for secession from service, a statement of fact of secession from service and a statement of supplemental service records;

1. The reason for sentencing under Article 89-2 subparag. 1 of the relevant Act on criminal facts is that the defendant, who was absent from office on Jan. 25, 2017, was not subject to a suspended sentence on Jan. 25, 2017, does not leave his service again for only one month, and does not attend the designated workplace repeatedly for a considerable period of time. The reason is sleep immediately or on the ground that the reason is sleep or is simple personal circumstances, etc., which may be considered

In that it is difficult to see the nature of the crime.

In addition, the crime of this case is a crime during the suspension of execution, which cannot be sentenced to a suspended sentence, and only imprisonment is prescribed in the provisions of the above Military Service Act, and thus, a sentence of imprisonment is to be sentenced.

However, the defendant shows an attitude of reflecting the depth of the crime along with the history of the crime that changes, and if this case is finalized, the suspended execution becomes effective.

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