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(영문) 인천지방법원 2015.09.15 2015고단378
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On November 5, 2010, the Defendant was sentenced to 8 months of imprisonment for fraud, etc. in the Sungnam Branch of the Suwon District Court, and on June 1, 201, the Defendant completed the execution of the said sentence in the Seoul Southern Prison.

【Criminal Facts】

The Defendant was called as a social work personnel on March 31, 2010, and is from May of the same year to serve as a social work personnel at the Bupyeong-gu Incheon Metropolitan Government Office.

No public interest service personnel shall leave their service or fail to serve in the relevant field for a total period of not less than eight days without justifiable grounds.

Nevertheless, without justifiable grounds, the Defendant did not work at the Incheon Bupyeong-gu Office on August 24, 201 through August 26, 2011; from August 29, 201 to September 1, 2011; and from February 4, 2014; and on February 5, 2014.

Accordingly, the defendant has deserted his service for not less than 8 days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached thereto, such as written judgments);

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

1. Determination of punishment as stated in the order, in light of the unfavorable circumstances, such as the fact that a repeated crime is a repeated crime of the same kind as the sentencing reason in Article 35 of the Criminal Act, the fact that a criminal has escaped without attending at the sentencing date of the judgment, the circumstances leading to the crime, the family environment of the defendant, and other circumstances and conditions

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