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(영문) 청주지방법원 영동지원 2017.06.22 2016고단171
병역법위반
Text

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

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

Reasons

Punishment of the crime

Despite the fact that the Defendant was a person serving as a social service personnel in the “D” social welfare facilities located in Chungcheong-gun C, the Defendant was absent from office without permission from the said social welfare facilities for 12 days in total.

Accordingly, the defendant, as a social service personnel, has deserted his service for 12 days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation and an investigation report leaving office;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation [unfavorable circumstances] Defendant has deserted his service and failed to faithfully perform his duty of military service.

[C] In light of the principle of good faith, the defendant is obliged to perform his duty of military service in good faith

It shows a different form.

There is no criminal history of criminal punishment against the defendant.

In addition, the defendant's age, reputation, character and conduct, environment, family relationship, and all the conditions of sentencing revealed in the trial process of this case, including the circumstances after the crime, etc. shall be determined as ordered.

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