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(영문) 서울중앙지방법원 2016.05.24 2016고단1766
병역법위반
Text

A defendant shall be punished by imprisonment for six 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

From July 2, 2015, the Defendant, as social service personnel, was assigned to the division of the Gangnam-gu Urban Management Corporation B, and served in the field of general administrative support.

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

Nevertheless, the Defendant left his service for 4 days from October 13, 2015 to June 16 of the same month, 4 days from January 26, 2016 to February 29 of the same month, and 9 days in total by absence from work without permission on February 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a written accusation, a written investigation of the escape from each service, a statement on the violation of the duty to return, and a statement on the escape from

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 of the suspended sentence is that the defendant is performing his/her duty in good faith, against the mistake, the reason and period for escaping from the service of this case, the first offender who has no record of criminal punishment in the past, and other various conditions of sentencing as shown in the records and arguments of this case, including the defendant's age, sex, criminal conduct, environment, health conditions, family relationship, etc., shall be comprehensively considered, and the sentence as set forth in the Disposition shall be determined

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