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(영문) 창원지방법원 진주지원 2018.12.12 2018고단1159
병역법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant, “2018 Senior 1159,” was assigned to a social service personnel on August 28, 2017, and served as a social service personnel from November 13, 2017 to the general affairs division of B universities.

During the period from August 6, 2018 to August 17, 2018, the Defendant was absent from service for at least eight (8) days by failing to work at the general department of the pertinent B university for nine (excluding holidays during the said period) without justifiable grounds.

On May 5, 2018, the Defendant: (a) received a request from the Victim C to search for one gold 1.25 K 18 K mbling at the market price equivalent to KRW 1.25,000,000 at which the victim was placed as security at the drinking house; and (b) received a request from the Victim C to search for one gold mbling at the same time, and kept for the victim on the same day; and (c) affixed the following seals.

5.6. The Down-si provided the above 700,000 won as security at will to the D Hall located in Jin-si, and used it for personal purposes, such as living expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

"2018 Highest 1159"

1. Statement by the defendant in court;

1. A written investigation of deserting from service: "2018 Highest 1443";

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Subparagraph 1 of Article 89-2 of the Military Service Act and Article 355 (1) of the Criminal Act concerning facts constituting an offense;

1. Optional embezzlement of punishment: Fine;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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