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(영문) 인천지방법원 2014.07.09 2014고단3365
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 16, 2014, the Defendant was sentenced to one year of imprisonment for special larceny in the Incheon District Court, and appealed, and is currently pending in the appellate trial.

The defendant, who is a public duty member of the Gwanak-gu Office Z community service center, has left away from his service or has not served in the relevant field for at least eight days in total without justifiable grounds, but has been called as public duty personnel on March 31, 201 and has been serving in AAA High School from August 25, 201.

8. Two days of retirement from service until September 26, 201, one day of retirement from around September 2, 201, and the same year from around September 5, 201;

9. From August 2, 201 to April 4, 201, while serving in the Z of Gwanak-gu Office on or around October 4, 2011 due to the relocation of the place of residence, he/she was discharged from service for 8 days in total without good cause after having served on or around November 22, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Acts and subordinate statutes to inform the accusation and public duty personnel of materials related thereto;

1. In light of the fact that the defendant's reason for sentencing under Article 89-2 subparagraph 1 of the Article 89-2 of the relevant Act on criminal facts has already failed to comply with a notice for convening a public duty personnel service and has had the record of being sentenced to a suspended sentence for violating the Military Service Act, it is inevitable to sentence sentence in light of the fact that the defendant committed the crime in this case, even though he had the record of being sentenced to a suspended sentence

However, there is no criminal record other than the violation of the Military Service Act (excluding the crime of special larceny pending in an appellate trial by this court as 2014No1216), and the punishment shall be determined as ordered by taking into account the age, character and conduct of the defendant and the conditions of sentencing under Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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