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(영문) 인천지방법원 2019.11.28 2019고단6196
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A social work personnel member shall not leave the place of service or not serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, on April 5, 2019 (1), from April 22, 2019 to April 23, 2019 (2 days), from April 25, 2019 to April 26, 2019 (2 days), from June 10, 2019 to June 25, 2019 (12 days), from July 4, 2019 to the May of the same month (2 days), from July 10, 2019 (1 days), from July 12, 209 (1 days), from July 12, 2019, from July 16, 2019 to the same month (8 days), from August 25, 2019 to the same month (5 days).

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

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation prepared by the Commissioner of the Organization of Aircraft;

1. Investigation report (componed telephone call);

1. Application of Acts and subordinate statutes to a written investigation of secession from service;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the Defendant, who is obliged to perform the duty of military service as a social work personnel, has left his office without permission, and the period of secession is not shorter than that of the crime liability.

However, considering the favorable circumstances, such as the fact that the defendant's mistake, misunderstanding, and faithfully serves in the future, the defendant's age, character and behavior, family environment, motive for the crime, circumstances after the crime, etc., and all the sentencing conditions as shown in the records and arguments shall be determined as ordered.

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