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(영문) 서울중앙지방법원 2014.02.13 2014고단239
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 23, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for violating the Military Service Act at Seoul Southern District Court on May 11, 2013, and completed the execution of the sentence at Seoul Southern Southern District Court.

The Defendant, from November 26, 201 to March 201, was serving as public interest service personnel at the “small and Medium-gu parks and greenbelts Business Office” located in the Seoul Central and Medium-gu Seoul Central and Medium-gu Seoul Central District Court as a public interest service personnel, and was sentenced to imprisonment as above due to the violation of the above Military Service Act. From May 15, 2013, the Defendant was serving as public interest service personnel at the above business office.

The Defendant shall be the 1st day of July 19, 2013, the 2th day of July 22, 2013 to the 23th day of the same month, and the same year.

9. Two days from February to March of the same month, October 1 of the same year, and three days from the 23th of the same month to the 25th of the same month, respectively, were absent from work without permission for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written investigation of a breach of service;

1. Previous convictions in judgment: Criminal records, each investigation report (Attachment to a suspect's separate judgment), and application of Acts and subordinate statutes confirming the date of final release;

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

1. Article 89-2 subparag. 1 of the Military Service Act provides only imprisonment with prison labor for a reason for sentencing under Article 35 of the Criminal Act, among repeated offenders, and the Defendant was sentenced to ten months by the Seoul Southern District Court on October 23, 2012, and committed the instant crime for a period of three years after the completion of the execution of the sentence on May 11, 2013, and thus constitutes grounds for the suspension of execution.

The sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined as per the order.

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

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