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(영문) 수원지방법원 평택지원 2016.01.08 2015고단1792
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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 public duty personnel who had worked in Pyeongtaek-si B from around B, 2014.

No public duty personnel member shall leave his/her service or fail to serve in the relevant field for a total period of at least eight days without justifiable grounds.

However, from January 14, 2015 to January 26, 2015, the Defendant was absent from work without permission as public interest service personnel at the same workplace and left from work for a total period of at least eight days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the reason of secession from service and a fact-finding report on secession from service;

1. Application of Acts and subordinate statutes to a copy of daily service status;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the following: (a) that the Defendant recognized the instant facts charged and faithfully completed the duty of military service for the remaining period of time; (b) that there is no record of punishment exceeding the fine; and (c) the Defendant’s age, sex, criminal conduct, family environment, motive, means and consequence of the crime; and (d) other various circumstances, including the circumstances after the crime, etc., which form the conditions for sentencing as indicated in the instant records and the theory of changes;

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