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(영문) 광주지방법원 2016.10.26 2016고단3771
병역법위반
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

From January 20, 2014, the Defendant has served as a social work personnel member in the North-gu Seoul Metropolitan City Office B.

From July 21, 2014 to August 11, 2014, the Defendant retired from his service for at least eight days due to the Defendant’s failure to work in the North-gu Seoul Metropolitan Government Office B for 77 days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written investigation of the escape from service;

1. Application of Acts and subordinate statutes governing daily service conditions;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of all the conditions of sentencing as shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime.

Unfavorable circumstances: The circumstances favorable to the defendant's difficult home circumstances, such as obtaining permission for installment service on the ground of living, can be seen as having caused a crime, the fact that there is no history of punishment exceeding a fine, and the fact that the defendant is faithfully serving in the future, such as the fact that the defendant's difficult home circumstances, such as obtaining a permission for installment service on the ground of living, etc.

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