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(영문) 수원지방법원 안산지원 2015.11.26 2015고단2716
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To correct social work personnel as public duty personnel under the Military Service Act before amendment by June 4, 2013 as public duty personnel.

(b) shall not leave the service for not less than eight (8) days in total without justifiable grounds.

The Defendant is a public interest service personnel who had been in charge of general administrative support duties from around September 21, 2009, and the Defendant did not work at work on the ground that he should be punished for living expenses on the part of eight days (excluding two days on holidays) from September 19, 201 to September 28, 201.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes described in the accusation, investigation report on escape from service, and daily service situation register;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) regarding criminal facts

1. The reasons for sentencing under Article 62(1) of the Criminal Act include: (a) the Defendant shows an attitude against the instant crime; (b) the Defendant, during the remaining service period, appears to have been able to faithfully perform the duty of military service; (c) the Defendant appears to have been forced to leave his military service due to his living conditions; and (d) the Defendant has no criminal records; and (c) the sentence like the order is set and the execution of imprisonment is suspended, taking into account the overall sentencing conditions indicated in

It is so decided as per Disposition for the above reasons.

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