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(영문) 대전지방법원 2014.05.02 2013고단5054
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 15, 2012, the Defendant was sentenced to one year of imprisonment for the crime of occupational embezzlement and violation of the Military Service Act at the Cheongju District Court on the 18th of the same month, and the said judgment became final and conclusive and released on February 28, 2013 during the execution of the sentence in a public prison, and the parole period expired on April 4, 2013.

From October 12, 2011, the defendant served as public interest service personnel of the Daejeon Western Police Station C in the Seo-gu Multiple Dongs, Seo-gu, Daejeon.

A public duty personnel member shall not leave his/her ordinary period or not serve in the relevant field for at least eight days without justifiable grounds.

Nevertheless, the Defendant, from October 8, 2013 to October 21, 2013, did not attend the said Daejeon Western Police Station, which is a place of service, for nine days from October 21, 2013, without justifiable grounds, and went away from his service for a total period of at least eight days.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. A written investigation of a breach of service and an explanatory note;

1. Daily service conditions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes before disposition and report (Attachment of judgment);

1. Relevant Act on criminal facts: Subparagraph 1 of Article 89-2 of the Military Service Act;

1. Aggravation of repeated crimes: Determination of the punishment as shown in the order, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the confession and reflection of the reason for sentencing under Article 35 of the Criminal Act, the same repeated crime, the age, character and conduct

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