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(영문) 수원지방법원 2019.01.24 2018고단506
병역법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 2015, the Defendant has served as a social work personnel who performs the duties of operating support of social welfare facilities in the “C” located in the wife B from permissible-si.

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

Nevertheless, for three days from February 17, 2017, March 25, 2017, and April 30 of the same month, and April 31 to April 5, 2017, the Defendant did not work in the above “C” for three days in total, including June 24, 2017, June 25, 2017, April 27, 2017, and April 28, 201.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a request for accusation, a fact-finding report on a deviation from service, a copy of a daily service status report;

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

1. Although it is the reason for sentencing of Article 62(1) of the Criminal Act as a social work personnel in the sentencing of Article 62(1) of the Criminal Act, the personal reason of maintaining livelihood was deserted from doping, and in particular, considering the fact that the defendant was sentenced to suspended sentence for the same crime, the nature of the crime is not weak.

However, the sentencing conditions shown in the trial process, such as the defendant's age, character and behavior, health status, environment, circumstances after the crime, etc., are determined as ordered by considering the following facts: the defendant's wrong recognition of his/her mistake, reflects his/her remaining service, and there is no other penalty force other than the records of the same kind of suspended execution; and there is no other penalty force.

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