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(영문) 의정부지방법원 2017.02.01 2016고단4713
병역법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is serving as a social service personnel who assist the activities of the elderly in the “C Elderly Welfare Center” located in the Nam-si, Namyang-si.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant left office without justifiable cause for a total of eight days, including July 11, 2016 and October 10 of the same year from October 13 of the same year, and October 17 of the same year to October 19 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the charge book, a written investigation of the escape from each service, a statement of the escape from each service, and a warning;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is that the defendant deserts from his social service without any particular reason, and the criminal liability is not weak.

However, the defendant recognized his mistake and reflected his mistake.

In the future, it will serve in good faith as a social service.

It has no record of the same crime and has been punished two times by fine so far.

The punishment shall be determined as per the disposition in consideration of various sentencing conditions, such as the defendant's age, details of the crime, and circumstances after the crime.

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