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(영문) 서울중앙지방법원 2016.04.15 2016고단404
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant shall not leave his/her service for at least a total of eight days without justifiable grounds, while social service personnel shall not leave his/her service for at least a total of eight days.

The Defendant written indictment on November 11, 2014 and December 17, 2014 to December 19, 2012. However, according to the evidence adopted (a written investigation of service status and a statement of reasons for leaving office), the Defendant appears to be a clerical error from December 17 to December 19, 2014, and the Defendant did not suffer any disadvantage to the Defendant’s right of defense in light of the facts charged in the instant case and the process of pleadings, and thus, the Defendant corrected and recognized the indictment as above.

(3) On July 8, 2015, July 21, 2015, or July 21, 2015:

between July 27, 2015 and July 24, 2014

7. (3) On a total of 12 days including 29. (3), he/she has deserted his/her service without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written statement prepared in C;

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

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 13778, Jan. 19, 2016) on criminal facts

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not yet the age of the defendant, and there is no particular criminal record (two times juvenile protective disposition), and the defendant will serve in good faith after recognizing the error (two times juvenile protective disposition).

In full view of the favorable circumstances, such as the fact that the defendant's character, home environment, and circumstances before and after the crime, the sentence like the order was determined.

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