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(영문) 인천지방법원 2015.01.13 2014고단7485
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On July 8, 2011, the Defendant was sentenced to eight months of imprisonment for a violation of the Military Service Act by the Incheon District Court, and the parole period was terminated on December 23, 201 in the Incheon Detention House, and the parole period was terminated on January 10, 2012.

【Criminal Facts】

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

Nevertheless, the Defendant was absent from office without justifiable cause for at least eight days from July 7, 2014 to October 21 of the same year as public interest service personnel working in the transportation administration and C of the Incheon Bupyeong-gu Office.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Investigation reports (person in charge of accusation and telephone conversations between the traffic administration of Bupyeong-gu Office and the working-level staff);

1. A written investigation of the reason for a secession from service and the fact of a secession from service;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of the same judgment attached) Acts and subordinate statutes;

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

1. Although Article 35 of the Criminal Act provides for a repeated crime of the same kind with the reason for sentencing at least twice the same time as a repeated crime, the punishment is determined as ordered in consideration of all the circumstances, such as the background and result leading to the crime, the fact that all of the crimes are recognized and reflected, and the family environment of the defendant.

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