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(영문) 서울북부지방법원 2017.03.08 2016고단5202
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who belongs to Seongbuk-gu, Seongbuk-gu, Seoul, Seongbuk-gu and serves as a social service personnel.

Social service personnel shall leave their service or not serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant: (a) on August 4, 2016; (b) on August 12, 2016; (c) on August 12, 2016; (d) on August 22, 2016; (e) on August 25, 2016; (e) on August 25, 2016; or (e) on August 29, 2016.

9. (22 days) No person was absent from work without permission for a total of 26 days, including 30. 30. (22 days);

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a survey report on the renunciation of service and a statement on the renunciation of service;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. It is an unfavorable circumstance that there is a record of the suspension of the execution of imprisonment with prison labor due to a failure to comply with the call-up of social service personnel without good cause.

On the other hand, it is advantageous to the fact that the future is faithfully serving.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

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