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(영문) 춘천지방법원 원주지원 2016.10.11 2016고단788
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On December 24, 2014, the Defendant was sentenced to 6 months of imprisonment with prison labor and 200,000 won for special larceny, etc. at the Chuncheon District Court, and the Defendant completed the execution of the sentence on January 29, 2015.

【Criminal Facts】

From September 24, 2015, the Defendant is a social work personnel who has been in charge of duties, such as protection of national health, support for promotion of national health, etc., in the prime viewing C.

The Defendant did not work at the workplace without justifiable grounds for eight days in total, including May 17, 2016, May 19, 2016, May 2016, and May 23, 2016, May 23, 2016, and May 27, 2016.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A fact-finding report on a deviation from service;

1. Fact-finding certificates;

1. Statement of opinions;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and statutes;

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

1. The Defendant, with reason for sentencing Article 35 of the Criminal Act among repeated criminal offenders, has deserted his/her service for at least eight days as social work personnel without justifiable grounds.

Since there is no statutory penalty for a violation of the Military Service Act by a defendant, and since the crime of this case was committed during the period of repeated crime, it is inevitable to sentence the defendant as a sentence.

However, there is no criminal history of the defendant.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.

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