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(영문) 대전지방법원 천안지원 2018.08.17 2018고단900
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 21, 2017, the Defendant, as a social service worker in Asan-si C, was absent from office without any justifiable reason from office until April 12, 2018, as shown in the list of crimes in the attached Table of the crime committed by the Defendant, from office for 13 days in total, since he was absent from office as he requested D’s agent who manages social service personnel’s service and requested sick treatment but was rejected.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the Ministry of Land, Infrastructure and Transport to a report on the reason of secession from each service and a fact of secession from service;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, the importance of military service of the reason for sentencing under Article 62(1) of the Suspension of Execution, and the content of the instant crime, etc., are not less vulnerable to the nature of the crime, on the other hand, the Defendant confessions and reflects the instant crime, and serves faithfully

The punishment shall be determined as ordered by taking into account all the circumstances revealed in the records and arguments of this case, such as the fact that there is no criminal punishment against the defendant, and the fact that there is no criminal punishment against the defendant.

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