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(영문) 청주지방법원 2016.07.13 2016고단833
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 was called as a social service personnel on March 1, 2015 and served as a social service personnel in the operation of social welfare facilities at the “C regional children’s center” located in Dong-si from around March 23, 2015.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant left his service for at least five days from March 14, 2016 to August 18 of the same month, and for at least eight days in total without justifiable grounds, including the Defendant’s failure to attend the above center for five days from March 21, 2016 to March 25 of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of a social service personnel who deserts from office without permission;

1. A written statement of the reason for secession from service;

1. A written investigation of escape from service;

1. A daily service status register;

1. Requests to take measures for accusation due to absence from work for a long period of time;

1. Application of Acts and subordinate statutes on personal statements;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 13778, Jan. 19, 2016) on criminal facts

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the defendant left his service without justifiable grounds despite his status as a social service personnel. The fact that the nature of the crime is not less than that of the defendant is unfavorable to the defendant, and that the defendant led to the confession of the crime of this case and reflects on it, and that there is no previous conviction is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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