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(영문) 대전지방법원 천안지원 2016.05.13 2016고단220
병역법위반
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

The defendant is a person who serves as a social service personnel at C elementary school belonging to the Gangnam-gu Office for Support for astronomical Education in South-gu, Nam-gu.

Social service personnel shall not break away from their service or serve in the relevant field for at least eight days in total without justifiable grounds, and shall not attend work at least eight times after the start of work in total, or leave from their service place without permission, or leave from their service place without justifiable grounds.

Nevertheless, between November 11, 2015 and December 22 of the same year, the Defendant left service for at least eight days in total without justifiable grounds, such as the list in the annexed crime list, from around November 11, 2015 to around August 2, 201, and worked at work after the start of each day at least eight times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to daily records of service status, investigation reports on escape from service, and investigation of service status;

1. Relevant provisions of the Act on criminal facts and subparagraph 1 of Article 89-2 of the Military Service Act (a person who deserts from his/her service for at least eight days without justifiable grounds) and subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act (a person who has received a warning of at least eight times on the grounds that he/she arrives at work after the start of work without justifiable grounds);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. The reason for sentencing under Article 62(1) of the suspended execution of the Criminal Act begins from the time when the defendant started to work at an elementary school as a social service personnel and began to commit the crime of this case, which seems to have been significantly borne by the above elementary school personnel; the defendant recognized the crime; the defendant has no record of criminal punishment; and the mental and physical health conditions such as the defendant's disability, etc. are deemed to have been caused to a certain extent in the crime of this case; and the defendant's age, sex, environment;

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