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(영문) 인천지방법원 2019.02.28 2018고단9132
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant was called as a social work personnel from August 23, 2018 and served as a social work personnel at the Seoul Traffic Corporation B Safety Center.

The Defendant served at the above B Safety Center, and was absent from his service for at least eight days on the 6th day from November 9, 2018 to the 14th day of the same month, from December 4, 2018 to December 7, 2018 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a fact-finding report on a deviation from service, a statement on a escape from service, and daily service status;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the criminal liability for the crime of this case in which the defendant, who has to perform his duty of military service as social work personnel, has to be discharged without permission, is not weak.

However, considering favorable circumstances, such as the defendant's age, character and conduct, family environment, motive for committing a crime, circumstances after committing a crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, family environment, motive for committing a crime and circumstances after committing a crime.

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