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(영문) 대전지방법원 천안지원 2015.10.19 2015고단1309
병역법위반
Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 20, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. in the Daejeon District Court’s astronomical Branch on September 20, 2012 and completed the execution of the sentence in the Daejeon Prison on July 17, 2013.

【Criminal Facts】

The Defendant, who served in Daejeon Southern Headquarters B, was absent from work without permission on July 31, 2014; August 6, 2014; December 3-4, 2014; December 8, 2014; December 8, 2015; December 16, 2015; and December 27, 2014;

Accordingly, the defendant has deserted his service for not less than 8 days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (The telephone conversations between C Service Personnel in Charge of Accusation and Complaint);

1. A written accusation;

1. A written investigation of the escape from service;

1. A written statement of the renunciation of service;

1. Tables of service records in supplemental service;

1. Each investigation report (report on the confirmation of the reason why he/she has withdrawn from his/her service, the same criminal record and repeated crime);

1. Application of statutes concerning criminal records;

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

1. Although Article 35 of the Criminal Act does not apply to the crime of this case despite the record of the same kind of crime with the sentencing reason, the fact that the defendant is against the defendant, and other factors such as the age, character, conduct, environment, and circumstances after the crime are taken into account.

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