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(영문) 수원지방법원 안산지원 2018.12.28 2018고단4135
병역법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a social service worker who has worked in the broad-name viewing C division.

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

Nevertheless, the Defendant left service for at least eight days from April 16, 2018 to May 29, 2018 without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A daily service status register;

1. Application of Acts and subordinate statutes concerning departure 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 in the suspended sentence is that the defendant was sentenced to a suspended sentence for a violation of the same kind of Military Service Act, and despite that social service personnel who faithfully perform the duty of national defense as prescribed by the Constitution, the personal reason of maintaining livelihood is heavier than that of the crime by escaping from their military service as a doping.

However, the defendant can faithfully complete his remaining service with a considerable period of detention and recognizing his mistake.

The punishment as ordered shall be determined by comprehensively taking into account the records and conditions of sentencing as shown in the trial process, such as the defendant's age, sex, health status, environment, circumstances after the crime, and the circumstances after the crime.

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