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(영문) 대전지방법원 2016.04.27 2016고단649
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service worker belonging to the Seo-gu Office Daejeon and in charge of administrative support.

On April 6, 2015, the Defendant first worked at the Seo-gu Daejeon District Office, Daejeon, but continued absence from office on April 7, 2015 through April 17, 2015, and went away from office for at least eight days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Service certificate or investigation report of social service personnel (a notice of call-up of social service personnel shall be attached to a letter of public notice);

1. A written accusation;

1. Application of the Acts and subordinate statutes of the Ministry of Land, Infrastructure and Transport to a written investigation of secession from service;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is not good, however, considering favorable circumstances, such as the fact that the defendant's mistake is recognized, the defendant's performance of military service duty in the future is faithfully fulfilled, and that the defendant has no record of criminal punishment, the punishment as ordered is determined by taking into account the defendant's age, sexual behavior, environment, etc.

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