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(영문) 서울중앙지방법원 2019.06.11 2018고단8240
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From February 1, 2018, the defendant is a person who serves as social work personnel in Gangnam-gu Seoul Korea Railroad Corporation Dong Headquarters C as a social work personnel.

The defendant from February 26, 2018

2. up to 28. (3 days);

3.2.(one day);

3.5. to 3.5.0

3. Until August (4) and the total eight days of attendance without good cause.

Accordingly, the defendant, as a social work personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the department of fact-finding of a secession from service, a statement of secession from service and daily service situation;

1. Circumstances unfavorable to sentencing under Article 89-2 subparag. 1 of the pertinent Act on criminal facts: The Defendant has been sentenced to a suspended sentence of imprisonment for a violation of the Military Service Act on one occasion in 2015 and 2016 on one occasion, and the Defendant committed the instant crime again even if he/she had been ordered to faithfully perform his/her duty at that time, and thus, he/she committed the instant crime. Therefore, it is inevitable to sentence the Defendant as a sentence.

The defendant seems to lack awareness of crimes against the violation of the Military Service Act.

A favorable normal situation: A period for the defendant to leave from his service is not long.

Since the defendant is deemed to have committed the crime of this case in the place where he/she should engage in income activities for the livelihood of his/her poor family, there are circumstances that may be considered in the motive.

Defendant acknowledges and reflects wrongs.

The punishment as ordered shall be determined in consideration of all the circumstances constituting the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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