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(영문) 서울북부지방법원 2017.02.22 2017고단219
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From May 1, 2014, the Defendant is a person who has been engaged in disaster and safety management duties while serving as a social service personnel in Seoul metro C as a social service personnel.

A person who serves as a social service personnel shall not leave his service for at least eight days in total without justifiable grounds, but the defendant did not work for the above C for a total period of 13 days, including three days from August 4, 2016 to June 6, 2016, August 1, 2016, 6 days from September 18, 2016 to 23, and 2 days from September 26, 2016 to September 27, 2016.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written investigation of the renunciation of service;

1. Application of Acts and subordinate statutes to a report on investigation (the date of service and confirmation of details of service of a suspect);

1. The crime of this case committed on the grounds of sentencing of imprisonment under Article 89-2 subparagraph 1 of the pertinent Act on criminal facts, and Article 89-2 of the Military Service Act on the grounds of sentencing of sentence of imprisonment without prison labor is that the defendant working for a social service personnel leaves his workplace without permission for 13 days, and accordingly, the national and social losses are not substantial, and his body goes up without permission;

However, despite the demand for the submission of a medical certificate, etc. at the work agency, the submission was not made, and the investigation agency was absent from office due to two copies.

In addition, there is only statement that there is no reason to consider the background of the crime, and in particular, the punishment as ordered is determined in consideration of the sentencing conditions, such as the defendant's age, sexual conduct, environment, etc., that committed the crime in this case after being sentenced to two years of probation on January 8, 2016 and being sentenced to two months of probation for the same crime committed at the same workplace on January 8, 2016.

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