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(영문) 서울동부지방법원 2017.12.07 2017고단2645
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant called up as a social service personnel on April 22, 2013, and served in the D located in Songpa-gu Seoul Metropolitan Government on July 21, 2014.

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, the Defendant did not work without permission on October 21, 2015, November 11, 2015, 2015; November 19, 2015; November 23, 2015; November 23, 2015; December 9, 2015; December 14, 2015; December 15; 15, 2015; and January 14, 2016; and was relieved from the service of social service personnel for a total of eight days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. On June 11, 2015, the Defendant, on the grounds of sentencing under Article 89-2 subparagraph 1 of the relevant Article of the Military Service Act regarding criminal facts, retired from the service of social service personnel for a total of eight days from July 29, 2013 to August 12, 2014, and was sentenced to two years of suspended sentence for a violation of the Military Service Act at the Seoul Central District Court for six months on June 11, 2015, and the said judgment became final and conclusive on June 19, 2015.

In addition, on May 7, 2015, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Narcotics Control Act (marijuana) at the Seoul Central District Court on May 7, 2015, and the decision became final and conclusive on May 15, 2015.

Nevertheless, the Defendant again committed the instant crime during the period of suspension of execution, and only a statutory penalty for the instant crime is prescribed, so the Defendant’s sentence is inevitable.

On the other hand, the defendant is wrong, and the service of social service personnel was completed, including the extended period of time due to the escape from service, and the call was cancelled.

The Defendant fulfilled both the community service order of 120 hours and the lecture order of 80 hours, added to the judgment on the crime of violation of the Act on the Control of Narcotics, Etc. (mariana).

In addition to these circumstances, the sentencing factors shown in the public trial, such as the defendant's age, health status, family relationship, circumstances after the crime, and circumstances after the crime, shall be determined as ordered.

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