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(영문) 부산지방법원 동부지원 2017.03.23 2017고단119
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 Busan Urban Transit Corporation in Busan Urban Transit Corporation B.

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

Nevertheless, the Defendant left his service for three days from October 21, 2015 to October 23, 2015, and for five days from June 7, 2016 to June 13, 2016 without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

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 (i.e., taking into account the favorable circumstances for sentencing) is that the Defendant, who was a social service personnel, fails to work at the workplace for eight days without justifiable grounds, leaving the workplace is disadvantageous.

However, the defendant's acknowledgement of facts charged is seriously against the defendant, and the defendant will faithfully serve in the future.

The fact that the defendant is moving away from his service due to the difficult family environment is normal.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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