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(영문) 인천지방법원 2021.03.18 2020고단9509
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service worker working at the business place located in the Nam-gu Incheon Metropolitan City, Nam-gu B.

Social service personnel shall not leave their post or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, from February 25, 2020 to March 5, 2020, the Defendant left his service without justifiable grounds for eight days except for holidays.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing visits to the person's domicile, such as a written investigation of his/her departure from office, a written investigation of his/her escape from office, the details of unauthorized absence

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Crimes of which the sentencing criteria are not set for each judgment on the scope of recommended sentences according to the sentencing criteria;

3. The crime of this case, which was sentenced to the sentence, was committed by the defendant for eight days without any justifiable reason, and is disadvantageous to the defendant, such as the fact that the criminal liability is heavy in light of the contents of the crime.

However, considering the following factors: (a) the Defendant led to the confession of the instant crime; (b) the Defendant has no record of committing a crime exceeding the fine; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (d) the conditions of sentencing specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, etc.

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